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(영문) 대구지방법원 2018.05.24 2018고단1257
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On December 31, 2017, the Defendant driven the above city bus on December 12:10, 2017, and led to two-lanes between the two-lanes in front of the Busan Metropolitan City street, located in 14-1 at the center of the Busan Metropolitan City, along the boundary of the Simsan City from the border area to the boundary of the Simsan City.

The accident place is connected to the road along which the right side of the road is frequent by the vehicle and people. In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes while emphasizing whether there is a vehicle that enters the right side by reducing the speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and led to the death of an cerebral cerebral cerebral typ in the middle-gu, Daegu Metropolitan City University Hospital located in 130, in the middle-gu, Jung-gu, 2018, where the victim C(80) who entered the road bypassing the left side of the D motor device bicycle driven by the victim C(80) (80) who entered the road to the boundary of the border market.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

1. A death certificate;

1. Application of accident-related video CD-related statutes;

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

1. Standard for sentencing for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The sentencing standard for the reasons of sentencing under Article 62(1) of the Criminal Act is [the scope of recommendation] the following conditions: (a) the mitigation area of the two types of traffic accidents (such as four months to one year); (b) the decision of sentencing for the mitigation area (including a person who has been specially mitigated), the defendant's recognition of the crime and reflects the fact that the defendant was committed; (c) the victim's bereaved family members and the victim's family members have agreed smoothly; and (d) other conditions of sentencing as shown in the records, such as the

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