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(영문) 대전지방법원 논산지원 2018.02.13 2017고단673
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a modern passenger bus granted to C.

On August 20, 2017, the Defendant driven a bus around 13:15, and proceeded at a speed of about 45 kilometers per hour from the Sinsan-ri, Bocheon-ri to the Sinsan-do, the front side of the Chungcheongnam-do, Chungcheongnam-do.

At the same time, there is no centralized facility and a light-to-hand road displayed on the left-hand side. In such a case, there was a duty of care to prevent accidents by driving a motor vehicle while driving the motor vehicle in a good manner, such as whether there is a motor vehicle driving on the right side of the road while driving the motor vehicle according to the road and driving the motor vehicle in the opposite direction.

Nevertheless, the Defendant neglected to do so and did not properly look at the front side of the road and proceeded in the opposite direction by negligence according to the left side of the road, and received the F-wing and the front part of the freight vehicle as the front bus of the Defendant driving.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the University Hospital of the Republic of Korea located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon on the same day due to multiple long-term illness.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H's written statement (the occurrence of a traffic accident);

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

1. An analysis of traffic accidents;

1. A death certificate;

1. Photographs;

1. Application of the CD-related Acts and subordinate statutes (booming images of bus vehicles);

1. Relevant legal provisions on criminal facts, 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, the reason for sentencing of imprisonment without prison labor [the scope of recommendation] [the grounds for sentencing of general traffic accidents]] there is no basic area (eight months to two years) [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentencing] is contrary to the defendant's mistake; a total amount of KRW 30 million is deposited against the victim's bereaved family members; and a harming vehicle.

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