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(영문) 대구지방법원 김천지원 2013.09.25 2013고단830
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

At around 16:45 on March 25, 2013, the Defendant driven the bus B and “C Private Teaching Institutes,” and proceeded with a road of one-lane in front of the ELri-si, Jinsi-dong, which is in the Gu-si, from the jurisdiction of the Jindong High School, to the Gangwon-dong Hospital. On the other hand, the Defendant did not discover the victim D (n, 70 years of age) who was flading a road on the right side from the defendant’s left side due to the negligence in the course of the operation of the operation of the vehicle by neglecting the duty of Jeon-si, while driving the bus on the right side of the bus. The Defendant sent the right side of the victim who was flading the road to the front wheels.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the two body in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs and photographs of black boxes;

1. Application of Acts and subordinate statutes on a written autopsy;

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 selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act for the suspension of execution [the decision of a sentence] traffic accidents [the special sentencing factor] in general traffic accidents resulting [the special sentencing factor]: In a case where the victim has been negligent due to considerable fault in the occurrence of traffic accidents or the expansion of damage, the court shall determine the sentence as ordered in consideration of all the circumstances such as the defendant's criminal records, etc. in addition to the above sentencing factors.

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