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(영문) 수원지방법원 평택지원 2013.11.29 2013고단1074
교통사고처리특례법위반
Text

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

except that 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 driving of the city bus C.

On May 18, 2013, the Defendant driven the above bus on May 17:58, 2013, and led to the driving of the bus to the direction of Chungcheong north from the direction of the Ansan-distance distance prior to the In-si In-si In-si In-Eup.

At all times, there was a duty of care to ensure the safe operation of the motor vehicle by thoroughly keeping the front time and maintaining the tea in order for the person engaged in driving to be equipped with the center line of the yellow-ray.

Nevertheless, the defendant neglected this and led the victim D(34 years of age) E EXS car driving into the opposite lane due to the negligence of the left-hand turn, which led to the shocking part of the above bus.

Ultimately, the Defendant caused the death of the victim D due to the above occupational negligence, and suffered injury to the victim FF (the age of 38) who was on board the said passenger car, such as blood uniforms for about four weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. The actual survey report and the occurrence of traffic accidents;

1. A corpse inspection report and a diagnosis report;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal

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

1. Selection of alternative imprisonment without prison labor;

1. The instant crime of sentencing under Article 62(1) of the Act on the Suspension of Execution is a case where the Defendant caused a traffic accident by gross negligence with the central line, resulting in the death of the victim D and the injury to the F of the victim, and the relevant criminal liability is heavy.

However, the fact that the defendant is recognized as committing the crime, the bereaved family members of the victim D, the victim F and the victim F are not subject to the punishment of the defendant, the victim is insured by the mutual aid association, and the defendant has no criminal records other than twice of the fine.

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