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(영문) 창원지방법원 진주지원 2015.05.13 2015고단195
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 one year 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 urban buses at low time in Samsung T&M, as Samsung T&M.

On December 30, 2014, the Defendant driven a bus at around 10:40, and proceeded at about 57 km each hour on the side of the hospital in consideration of the Seoul Special Metropolitan City, along with the two-lane road in front of the D Jin-si located in Jin-si C, in the direction of the Jin-si.

Since there are many places where the passage of vehicles and people is frequent, in such a case, there was a duty of care to see the front door as well as to operate the steering system accurately and safely.

Nevertheless, the defendant neglected this and continued to go on the road by shocking the victim E (73 years old) who was getting a bicycle on the bus front side of the bus of the defendant due to the negligence in the course of business, which led the defendant to go on the front side of the bus.

Ultimately, the Defendant suffered injury, such as cerebral cerebrovascular, from the occupational negligence above, and as a result, around January 4, 2015, at an ordinary university hospital located in Jinju-si, Jinju-si, the Defendant caused the death of the victim due to cerebral cerebral eption.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report;

1. Application of Acts and subordinate statutes to each photograph and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of traffic accidents (special-sponsor) resulting from a traffic accident (special-sponsor): Not less than 4 months but not more than 10 months from the imprisonment without prison labor for not less than 4 months;

2. Where a defendant who has determined a sentence of punishment causes a traffic accident by negligence in the course of his/her duty, resulting in the death of the victim, the punishment for such crime is not minor.

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