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(영문) 수원지방법원 2013.07.12 2013고단896
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the business of driving cross-city bus vehicles in the C company.

At around 14:20 on January 10, 2013, the Defendant driven the above bus in front of the GSPG charging station in the direction of the water station in the direction of the water station and moved bypassing it.

In this case, since the victim D (the age of 77) was dried at a crosswalk without signal, etc., the driver had a duty of care to check whether there is a person who gets on the road after reducing the speed, driving the right and the right and the right of the road and stopping the road well, and then to check whether there is a person who gets on the road.

Nevertheless, the defendant neglected to do so and proceeded with it, and received the parts adjacent to the left side of the victim's right side of the bus by negligence.

At around 08:58 on January 17, 2013, the Defendant’s occupational negligence caused death by serious cerebral cerebral cerebral cerebral ty, etc. in the F Hospital Central Care Center in Young-si E in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Photographss related to traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Act on the Suspension of Execution is the primary criminal defendant, and the victim’s bereaved family members agreed with the victim’s bereaved family members. The victim’s bereaved family members want the victim’s wife, and when a sentence of imprisonment without prison labor or heavier punishment becomes final and conclusive, it is difficult for the Defendant to lose his/her workplace when the victim loses his/her workplace. However, even though the Defendant’s negligence is very serious due to an accident of death of the victim due to the shock of the victim’s negligence due

Therefore, the defendant is selected to be sentenced to imprisonment without prison labor, taking into account the above circumstances.

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