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(영문) 대전지방법원 천안지원 2016.05.12 2016고단97
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 45 passenger bus.

On December 15, 2015, the Defendant driven the above bus around 13:10 on December 15, 2015, led to the rapid speed of 801-23 in South-dong-gu, Chungcheongnam-gu, Seoul, and the front direction of the first apartment house from lux New Apartment, in the direction of the lubro New Apartment.

Since there is a house with frequent pedestrian traffic, there is a zone subject to prohibition of payment of interest on backway, in such a case, there was a duty of care to drive buses safely after thoroughly checking whether or not there is a person who gets a path by thoroughly examining the left and right of the path in departing from the bus after a bus stops.

Nevertheless, the defendant neglected to do so and took the knee part of the victim E (Fe.79) who dried the above road on the right side from the left side of the course of the defendant's movement by negligence, which led to the victim's body, which was used on the floor due to the shock, to the front side of the defendant's bus.

In the end, the Defendant caused the victim to die by the above negligence at around 13:40 of the same day, and caused the death of the victim due to the sudden suspension from the Wulan-gu Wulan-dong Wulan-dong Wulan-dong (Sacheon-gu) due to the diversification of drhesion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. G statements;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes on traffic accident reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general traffic accidents in Article 62(1) of the Criminal Act [the scope of the recommended sentence] and the mitigated area (4 to 10 months), [the person with a special mitigated sentence] the punishment not (including efforts to recover damage) [the decision of the sentence] case.

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