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(영문) 의정부지방법원 2016.10.07 2016고단2568
교통사고처리특례법위반
Text

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

However, 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 running a city bus B.

At around 05:10 on June 6, 2016, the Defendant driven the above bus and continued to drive it in front of C in the south of the South-west city, leading to the right bypassing from the mast to the Masan mountain.

그 곳은 “ㅏ”자형의 교차로 이므로, 자동차의 운전업무에 종사하는 사람에게는 차의 조향장치, 제동장치, 그 밖의 장치를 정확히 조작하여야 하며, 속도를 줄이고 전방 또는 좌우를 잘 살펴 안전함을 확인한 후 진행하여 사고를 미리 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected this and did not discover the victim D (n, 80 years of age) who has dried a road near the bend of the bend of the bus, and did not discover the victim D (n, 80 years of age) and got the victim to the right right part of the fronter of the bus, and charged the victim with the rear wheels with the right part.

Ultimately, the Defendant caused the victim to die by occupational negligence at the government-wide 271(Seo-dong) of the medical clinic, which was under the after-payment treatment at around 11:05 on the same day, due to the diversous shock from the fluoric fluora hospital of the luorian University.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the scope of general traffic accidents (the scope of recommendations] and the scope of mitigation (the period from April to one year) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. The result from the fault of the defendant to the death of the victim is serious.

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