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(영문) 대전지방법원 서산지원 2015.07.22 2015고단490
교통사고처리특례법위반
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 D large bus.

On January 26, 2015, the Defendant driven the above bus at a speed of 60km per hour from the Mari-ri to the direction of the road in front of the “F” restaurant “F” in the Sinjin-si.

At the time, it was difficult to see at night, so there was a duty of care to reduce speed as a person engaged in driving of a motor vehicle and to drive the motor vehicle by taking into account it well.

Nevertheless, the Defendant neglected this and proceeded as it was due to negligence, and received the victim G (72 years of age) crossing the road at the front of the left-hand side of the bus.

Ultimately, at around 00:40 on March 9, 2015, the Defendant caused the victim to die with a multi-long-term functional unit due to traffic accidents at the Siljin General Hospital located in 5-15 as the 5-15 degree of Siljin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a report on actual condition investigation;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In general traffic accident cases where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) [Special Mitigation] [including efforts to recover damage] / Decision of a sentence / Decision of a sentence ] that the defendant shocked the victim with the remaining vehicles that did not properly go on the front door and left door and left door and caused the death of the victim, or that the defendant reflects his mistake, that the defendant paid 30 million won to the bereaved family members and paid 30 million won to the victim, that the victim was enrolled in the mutual aid association, and that the victim was also a victim without permission.

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