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(영문) 춘천지방법원 2014.06.26 2014고단197
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C tourist buses.

On December 26, 2013, the Defendant driven the above tourist bus on December 12:35, 2013, and led the front road of the Do branch of the Chuncheon City to the Central Road from the tax office to the Central Road, approximately 30km each hour, depending on the two-lane way from the tax office.

At the time, the victim D (the age of 71) was found to cross the crosswalk installed on the front side to the right side, so there was a duty of care to temporarily stop the vehicle driving service and make the vehicle pass or yield the course.

Nevertheless, the Defendant neglected this and continued to go beyond the ground after receiving the victim's right-hand bridge from the front of the above tourist bus by negligence.

Ultimately, at around 11:25 on January 8, 2014, the Defendant caused the death of the victim due to cerebrovassis from the F Hospital located in Chuncheon-si E due to such occupational negligence.

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, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of a sentence] : Reasons for the suspended sentence under Article 62(1) of the Criminal Act . [Determination of a sentence ........ which is favorable among the reasons for the sentencing] traffic accident in general traffic accident .. [Special person] - Decision of a mitigated area (including serious efforts to recover from damage) / [decision of a recommended area] April to October / [Scope of a suspended sentence] - Where a negative death or serious injury has occurred or where a significant danger to life has occurred due to escape, the principal reason for the suspended sentence ..... In the case of the occurrence of a negative death or serious injury, the principal reason for the suspended sentence ....... The victim shall be the victim of the automobile insurance [decision of

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