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(영문) 대구지방법원 서부지원 2018.05.18 2017고단2285
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving buses C.

On December 22, 2016, the Defendant driven the above bus around 21:45, and driven the front road in Seo-gu, Daegu, Seo-gu, Seo-gu, with approximately KRW 74 km per hour from the west-gu, Seo-gu, Seo-gu, in the direction of the west-do 2nd line, to the west-do 2nd line.

At the time, there is a road at night and where the speed limit is 30km or less per hour, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents due to the safe operation of the motor vehicle by reducing speed and thoroughly driving the front door and the left door.

Nevertheless, the Defendant neglected this and failed to discover the victim F (55 years old) who was unauthorized to cross the road from the right side of the direction of the Defendant’s proceeding to the left side due to the negligence of neglecting the speed of the front bank and going about about 74 km in speed due to the violation of the speed of the above restriction, and received the victim as the front part of the bus while driving the road.

Ultimately, on December 22, 2016, at around 22:35, the Defendant caused the above victim’s occupational negligence to die due to two frameworks, etc. at the Daegu University University Hospital located in Daegu-gu, Daegu-gu, and at the same time caused damage to the victim G (V, 47 years of age) who was aboard the bus driven by the Defendant, for about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs, a survey report on actual condition, CCTV images of an accident vehicle, the scene of the accident, and vehicle photographs;

1. Medical certificate (G) and death certificate (F);

1. Application of each request for appraisal-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. The Criminal Act, the suspension of execution;

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