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(영문) 전주지방법원 2018.02.13 2017고단2192
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(Caution) The Defendant is a bus engineer belonging to the Republic of Korea, who is engaged in driving of a D large city bus on September 5, 2017. On September 20, 2017, the Defendant was driving a bus with the above-mentioned bus on September 20, 2017, and the front road of a school post office is driving at the speed of about 72 km at the speed of about 72 km per hour, using two lanes in the face of peace-dong room at the end of peace-dong.

At the time, the surface was milched due to night and raining, and there was a road at the speed of 50 km per speed, so a person engaged in driving service has a duty of care to ensure that the speed is reduced by 20%, and the right and the right of the front and the right are well observed, and that the person engaged in driving service has a duty of care to follow the speed.

Nevertheless, the Defendant neglected this and tried to neglect the front door and the left door door, and proceeded over 32 km speed above the speed of 40 km, and discovered the victim E (60) and F (60) crossing the road at the left side of the running direction of the Defendant at the time of the right-hand end, and set the direction to avoid this, but did not avoid this, the Defendant did not go to the right-hand side of the bus, and did not go to the road.

Ultimately, the Defendant caused the death of E by occupational negligence as multiple trauma, and F due to multiple trauma damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of investigation results;

1. The actual investigation report on traffic accidents;

1. Accident scene and vehicle photographs;

1. Application of Chapter II Acts and subordinate statutes to dead bodies;

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;

1. Selection of a credit cooperative for the option of a punishment under Articles 40 and 50 of the Criminal Act;

1. An agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act Article 62-1 of the Act on the Suspension of Execution and Order to Attend the community service order and order to attend the school, and the victim at the time of the instant accident also comes to the victim.

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