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(영문) 광주지방법원 2018.02.06 2017고단5232
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

On April 12, 2017, the Defendant driven a C bus around 13:10 on April 13, 2017, and proceeded at a speed of about 90 km as soon as possible from the 120km away from the 120km away from the 1,00-lane road to the 1,00-lane road in order to ensure that the Defendant is running at the speed of about 90 km away from the 1,00-meter direction.

At this time, the defendant, while neglecting his duty of care to prevent accidents by accurately manipulating the steering gear, brakes, etc. while living well in the traffic situation of the front bank, has been proceeding at a speed of less than 20 km per hour in the same direction while cleaning on the same lane as the front bank by neglecting the duty of care.

D is found to be late behind the E-motor vehicle driven by the D, and the close part of the bus's right side was shocked into the left side of the bus, and the bus was crashed under the right side of the road.

Accordingly, the Defendant caused the death of the victim F (65) who was on board a bus in the above occupational course and the actual bus due to the “damage to the tent and the brue brance of the france,” etc. from among the Dos that were receiving medical treatment at the Glam Incheon Glon University Incheon Glon Hospital at the same number of Bupyeong-gu Incheon.”

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a 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 Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Traffic Accidents / [The type of traffic accident] Class 2 (Special Sentencing Death, etc.) of the Act on the Protection, etc. of Order to Attend the Course of Traffic Accidents - The elements of mitigation are [the scope of recommendation] mitigation area / [the scope of recommendation] four months to one year [the scope of recommendation] mitigation area / The elements of mitigation [the general person subject to sentencing] purchase of motor vehicle comprehensive insurance and there are no records of criminal punishment [the main factors].

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