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(영문) 수원지방법원 2014.10.30 2014고단4450
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 buses C.

On May 19, 2014, at around 13:49, the Defendant was proceeding in front of the New Seapart apartment road in the ridge of the international altitude from the international altitude to the west-si.

A person engaged in driving service has a duty of care to accurately operate the steering and operating the steering system while well living in the front line.

Nevertheless, the defendant's negligence caused the death of the victim D (the age of 86) who was walking a bicycle to the right side of the bus on the right side of the bus due to the occupational negligence of the defendant, which led to the death of the victim at the Korea Forest University East (the age of 14:30 on the 14:30 on the 14:30 on the same month.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment concerning Criminal Facts, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Violation of Traffic Accidents) [Special Mitigation] [Special Mitigation] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, decision not to punish a victim (including efforts to recover damage), the defendant reflects his/her mistake, the defendant has no record of being punished in excess of the fine for the same kind of crime, and the victim's bereaved family members and his/her bereaved family members do not want the defendant's punishment by mutual consent, etc. shall be determined like the order.

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