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(영문) 대구지방법원 경주지원 2017.05.24 2017고단89
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 service of a new city bus for the new 200 years.

On December 2, 2016, when the Defendant stops at a bus stop and starts to board passengers by stopping one lane in front of D in the direction of Neri-ri-ri-ri-ri-ri-ri, the Defendant, by negligence on the left side, caused the victim E (n, 82 years old) who walked toward the entrance to get on the bus to board by getting off the bus. On the left side of the bus, the Defendant: (a) sent the victim beyond the road to the lower side of the bus, and caused the victim to die at the Dong University Hospital located in the seat-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong on the same day by negligence; (b) caused the victim to die.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (the 112 Report) (the 112 Report), a report on investigation (the counter investigation of a passenger aboard the vehicle), a report on the occurrence of a traffic accident, a report on the actual investigation, a report on the investigation (CCTV video), a death report, a death report, a criminal investigation report (the video output of the black stuff), and a report on the investigation (the printing of the black

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of the recommended sentence] General traffic accidents in the range of Class II (Death or Injury by Traffic Accidents) (from April to one year) (the person subject to special mitigation) is not subject to punishment;

2. Since a number of people who want to board a bus in the course of getting on and off a bus with a sentence, a driving private defendant, despite his/her duty of care, has caused a traffic accident by negligence resulting in the death of the victim.

However, the fact that the defendant confessions, the fact that the victim's bereaved family members and the bereaved family members have agreed smoothly, and the victim is driving when crossing the bus front.

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