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(영문) 광주지방법원 목포지원 2015.11.02 2015고단1129
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 25 passenger buses B.

On April 29, 2015, the Defendant driven the above bus on April 22:11, 2015, and moved the intersection of the private distance in front of the artificial width range in the green street from the bank of the oil station to the bank of the non-permanent apartment.

Since a crosswalk was installed at a front door, there was a duty of care to check whether a person engaged in driving service is a person who scambling the right and the right of the front door, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and found the victim C (the 29 years old), who was a bicycle riding along the pedestrian signal, from the room of the Green Gas Station at the Green Gas Station by negligence, at a late time, and received the victim from the front part of the bus.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on May 1, 2015 at the E Hospital located in Mapopo-si, Supo-si on May 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report (1), (2), on-site evidence and photographs, evidence and photographs of the actual condition survey;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Although there was a serious result of the decision of sentence or the death of the victim as to whether to suspend execution, the fact that the defendant recognizes and reflects his fault, that the defendant agreed with the bereaved family of the victim after the prosecution of this case, that the motor vehicle comprehensive insurance is covered, and that the defendant has no record of criminal punishment.

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