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(영문) 대전지방법원 논산지원 2015.11.20 2015고단507
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a tourist bus B.

Around 13:50 on July 15, 2015, the Defendant driven a bus and parked in a D parking lot located in Chungcheongnam-gun, Chungcheongnam-do.

Since it is a flexible parking lot where people's passage is frequent, a person engaged in bus driving service has a duty of care to prevent accidents by driving safely by safely examining the front side and the left side of the bus.

Nevertheless, the Defendant neglected to do so and went on as it was due to negligence, and received the victim E (seven years of age) who passed around the left side of the bus.

On July 18, 2015, the Defendant caused the death of the victim at the Gyang University Hospital located in 158, Seo-dong, Seo-dong, Seo-gu, Daejeon, Seo-dong, Seo-gu, Daejeon due to the damage of the mouth and the structural part of the structural part.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of F, G, and H;

1. Application of Acts and subordinate statutes to the report on the occurrence of a traffic accident, the actual condition survey report, on-site photographs, death certificate, autopsy report, and the next red inquiry report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the

2. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse is as stated in its reasoning, which resulted in the death of the victim of a traffic accident, and its illegality is very large.

However, the fact that the defendant is opening up a criminal offense and confessions so far, there has been no criminal punishment even once so far, the victim's bereaved family members agree with the victim's bereaved family members, and the victim's bereaved family members do not want the punishment of the defendant, the bus operated by the defendant was covered by a comprehensive bus insurance, and other various circumstances shown in the arguments of this case, such as the defendant's age, character and behavior and environment, shall be determined as

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