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(영문) 대전지방법원 천안지원 2015.05.21 2015고단261
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 45 passenger buses B.

At around 23:30 on January 27, 2015, the Defendant proceeded at a speed of about 50km from the intersection to the intersection of the intersection by two lanes in front of D in Seo-gu, Seo-gu, Seo-gu, Western-si C.

At the time of night, it was not good to view the front door, and in such a case, there was a duty of care to safely drive the steering gear and brake system in accordance with road traffic conditions and prevent accidents in advance.

Nevertheless, the defendant neglected this and found the victim E (50 years of age) who is towing and walking a bicycle at the two-lanes on the front side of the bus, operated the steering gear, so that he avoided from the two-lane to the first lane, or operated the brake, so that he did not avoid the collision, and caused the victim to go beyond the road.

Ultimately, the Defendant caused the victim to die by occupational negligence on the 28th day of the same month from a single university hospital located in the 201 South East-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, in the 201st day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident 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 According to the relevant criminal facts, Article 268 of the Criminal Act and imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the range of recommending punishment] is the result of the reduction area (4-10 months) (including special mitigation) of the mitigated area (4-10 months) (including advanced efforts to recover damage) of the mitigated area (including the decision of sentencing), but the result is that the person has lived faithfully without the record of a fine or heavier punishment for the last twenty years.

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