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(영문) 전주지방법원 남원지원 2019.08.20 2019고단110
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 three 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 tourist bus B.

On May 9, 2019, the Defendant driven the above bus vehicle at around 16:20, and led to the direction of 3 of the fire police box in the south At the area of the Southern River Station, the other three lanes of the three-lanes in the south River Zone.

Since there are frequent traffic of vehicles and there is a length that combines them into the shot and shot in the direction of the defendant's proceeding, the driver of the vehicle has a duty of care to thoroughly control the shot and right and right and to prevent accidents by accurately manipulating the brakes and steering gear.

Nevertheless, even though the victim C (ma and 13 years of age) neglected this and went out of the right side of the defendant's bicycle and walk ahead of the defendant's bus, the defendant did not take measures such as discovering and stopping the victim, and received the bicycle from the front bus driven by the defendant.

Ultimately, at around 17:51 on the same day as above, the Defendant caused the death of a victim who was receiving a post-treatment treatment at the E Hospital located in Namwon-si due to the injury of external wounds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Responses to the results of traffic accident analysis request;

1. Protocol of autopsy and written diagnosis of death;

1. Application of the Acts and subordinate statutes governing field photographs and black stuffs images CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommendation [decision of types] according to the sentencing criteria, and factors to reduce traffic accidents resulting from ordinary traffic accidents (type 2).

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