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(영문) 청주지방법원 2015.12.11 2015고단1719
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a G bus.

On September 3, 2015, the Defendant driven the above bus on September 12:55, 2015, and moved bypass the four-lane road in front of the I in the Heung-gu Heung-gu Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-do.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets involved in driving a motor vehicle by reducing speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and proceeded with by negligence, and the Defendant shicked the victim J(84) to the front part of the bus driven by the Defendant pursuant to the new subparagraph.

Ultimately, at around September 3, 2015, the Defendant caused the death of the victim due to the thirropical and serious brain damage at the hospital of the Chungcheong National University on September 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. The actual condition survey report;

1. A death certificate;

1. Scenic photographs of the scene of the accident, black booms, cut photographs;

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. Examination on the sentencing guidelines for traffic crimes within the scope of the sentencing guidelines recommended by the Sentencing Committee, taking into account the following factors: (a) agreement with the bereaved family members of the victim for the reason of sentencing, the illegality of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious; (b) vehicles of the defendant are subscribed to mutual aid; (c) the defendant has no record of criminal punishment for 30 years; (d) the defendant has no record of criminal punishment; (e) the background of the crime

1. General traffic accident: Type 2 traffic accident;

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