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(영문) 대전지방법원 천안지원 2017.03.23 2016고단2304
교통사고처리특례법위반(치사)
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of BT bus.

On October 17:15, 2016, the Defendant, around 17:15, proceeded with a two-lane road near the national highway crossing of the 34th city of Sung-gu, Seo-gu, Seo-gu, Seo-gu, Sung-gu, Sung-do, Sung-do, in one-lane.

At the same time, road reinforcement works were in progress at the front of the road and there was a victim C (62 years) who instructed slowly on the two-lanes of the road. In such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance due to a person engaged in driving the motor vehicle well, reducing the speed in advance, driving the motor vehicle safely, etc.

Nevertheless, the Defendant neglected his duty at the front time, and did not discover the victim and proceeded without finding the victim, and caused the victim to shock the front part of the car in front of the Defendant’s driving.

Ultimately, around October 17, 2016, around 17:43, the Defendant caused the said victim’s death at the same place due to the foregoing occupational negligence, such as the cage of cage cage, and the closure damage caused by a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act (Punishment of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) [Attachment 2] Reduction Area (Article 4-1 year) [Article 62(1) of the Criminal Act] [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1) [Article 62(1) of the Punishment Act] [Article 62(1) [Article 62(1) of the Punishment Act] [Article 7(1)

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