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(영문) 광주지방법원 2015.01.15 2014고단4301
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of C urban buses.

On August 29, 2014, the Defendant: (a) driven the above bus as a business of 05:30 on August 29, 2014; (b) led to the death of the victim D (73 years old); (c) on August 31, 2014, the Defendant got the victim’s bicycle driving on the right side from the front-hand side of the city bus to the front-hand side of the city bus; (d) had the victim go beyond the floor and had the victim go beyond the floor in front of the inspection station in front of the traffic safety facility, which is in front of the city bus, in front of the traffic safety facility, in front of the traffic safety vehicle in the south-gu, Gwangju, Gwangju, via the cross-section of the cross-section of the cross-section vehicle in front of the cross-section in front-gu, and caused the death of the cerebr-gu hospital at the Jeonnam University Hospital located in the 42-gu, Gwangju-gu, to pressure due to brain transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to each statement in the actual survey report and the death diagnosis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The victim died from the accident of this case in the area of mitigation (4 to 10 months) in the area of reduction of the punishment of Article 62 (1) of the Criminal Act (the term "the grounds for sentencing" in Article 62 (1) of the Act on the Suspension of Execution (the term "the death of traffic accident" in this case). In light of the fact that the result is significant, the result does not reach an agreement with the bereaved family members, a comprehensive insurance is selected, and a total of KRW 20 million has been deposited for the bereaved family members of the victim. The accident of this case is a case where the victim was driving a bicycle on the road along the bicycle and did not discover the bicycle operated by the victim, and the victim's bicycle was not discovered, and the victim's negligence contributed to the occurrence of the accident of this case. The defendant shows his attitude to recognize and reflect his criminal act, and there is no criminal power.

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