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(영문) 대전지방법원 천안지원 2014.01.24 2013고단1621
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and three months.

However, the above sentence shall be executed 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 a C chartered bus.

At around 08:10 on October 8, 2013, the Defendant proceeded at a speed below the speed of the city, depending on two lanes from the west side where the two-lane road is opened at the entrance of the new repair 2-gu, Sinsan-si.

At the time, there was a rain and there was a duty of care to drive safely in accordance with the signals by reducing speed and checking well the front left, since it is an intersection where signal, etc. is installed.

Nevertheless, the defendant neglected this and caused the left-hand turn to the left-hand turn from the right-hand side of the vehicle operated by the victim D (W, 27 years old) who was driven by the victim D(W5 years old) to the front side of the vehicle operated by the defendant, and caused the above SM5 car volume to the right-hand side, and thereby, the victim F.(38 years old) who was signaled on the opposite line to the right-hand side of the vehicle operated by the victim F.F.(38 years old).

Ultimately, the Defendant caused the victim D’s death from the workplace due to brain injury, etc. by occupational negligence, and suffered injury to the victim F, such as catum salt, etc., which requires treatment for about two weeks, and injury to the victim H (the age of 41) who was on board the said cargo vehicle, which requires treatment for about two weeks, such as the right gate fatum fat, etc., and the victim I (the age of 38) who was on the same fatum, together with the injury to the right fatum fatum fat, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and F;

1. A traffic accident report;

1. A written result of autopsy;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.

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