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(영문) 대전지방법원 천안지원 2015.06.15 2015고단435
교통사고처리특례법위반
Text

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

However, 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 a D bus as a bus engineer.

On September 23, 2014, the defendant driving the above bus around 06:20 on September 23, 2014, and turned to the left, depending on the three-lane, the three-lane distance intersection in front of Samsungcheon-gu, Ycheon-gu, Ycheon-gu, Samsungcheon-gu, Samsungcheon-gu, as one-lane between the three-lane two-lanes, the defendant left to the left.

Since the location is an intersection where traffic control is performed by signal apparatus, a person engaged in the driving of a motor vehicle has a duty of care to thoroughly see the front hour and to safely operate the motor vehicle in compliance with signals.

Nevertheless, the Defendant neglected to make a left turn before a direct turn signal is changed to the left turn signal, and the Defendant was driven by the victim E (the aged 69) who was going straight by entering the yellow signal from the intersection at the right place to the left, and was driven by the victim E (the aged 69) at the right-hand part of the bus in front of the left-hand part of the bus.

Ultimately, the Defendant caused the death of the victim G (the age of 57) who was on board the above Gohap due to the foregoing occupational negligence due to the serious injury to E, and caused the death of the victim G (the age of 57) due to the serious brain damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a medical certificate, corpse inspection report;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires that two victims die, etc. due to the defendant's violation of signal signal. However, considering the fact that the victim's bereaved family members and the bereaved family members appear to have been fully and partially recovered, the fact that they live faithfully without any particular criminal history, and the fact that they are against each other, each of the following factors:

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