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(영문) 대전지방법원 홍성지원 2016.08.31 2016고단405
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a BH120 chartered bus.

On March 1, 2016, the Defendant driven a chartered bus around 06:15, and proceeded at a speed of about 82.2 km from the front side of the new era, depending on the one-lane of the road in the west-gun C, Chungcheongnam-nam Budget C, one-lane.

At the time, it was difficult to secure the view around the time, and there was a duty of care to prevent accidents by complying with the speed limit and by ensuring the right and the right and the right of the driver of the motor vehicle safely.

Nevertheless, the defendant neglected this while driving a limited speed exceeding 22.2 km per hour, and negligently driven a bicycle driving in the opposite direction by the victim D (55 cm) which led to the opposite direction, thereby leaving the right side of the bus above the floor.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as the respiratory part, the right-hand side part, the cage cage cage cage, and the cage cage cage at around 06:45 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of traffic accident reports (on-site investigation reports), on-site photographs, death diagnosis reports, investigation reports (netly 16,19,22), traffic accident analysis response statutes and response statutes;

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

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The details of the damage that reflects the mistake and that is agreed with the bereaved family members of the victim are more severe.

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