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(영문) 대전지방법원천안지원 2020.09.04 2020고단1530
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a city bus BS106.

On January 17, 2020, the Defendant driven the above city bus at around 22:50, while driving the two-lane road in front of Dong-gu, Chungcheongnam-gu, Seoul at the speed of 54.8 km from the direction of D pharmacy to the speed of 54.8 km, the Defendant did not observe the speed of the restriction (50 km speed) and found the victim E (V, 64 years old) and the victim F (V, 58 years old) who cross the road near the marina, and did not stop the situation, and did not stop, the Defendant got victims to go beyond the road due to the fixed side of the said city bus.

On January 30, 2020, around 09:10 on January 30, 2020, the Defendant: (a) caused the death of a victim E from a H Hospital located in Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul; and (b) caused the victim F with a mental disorder caused by an unexplosion in the number of days of treatment to the victim F due to an unexplosion in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A death certificate;

1. Application of Acts and subordinate statutes to the traffic accident report, report on the occurrence of a traffic accident, report on the scene of the accident, photograph of the scene of the accident, photograph of the accident, photograph of the victim, photograph of the accident analysis, written request for cooperation

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Since each of the reasons for sentencing under Article 62(1) of the Criminal Act is in a mutually competitive relationship, the sentencing guidelines do not apply.

The Defendant, while driving a vehicle at a restricted speed exceeding the restricted speed, caused the death of one victim and suffered serious injury to one victim, and the Defendant’s responsibility cannot be deemed to be minor in light of the circumstances and results of the accident.

However, the defendant recognizes his mistake and is against his will.

The victims also violate the signal.

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