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(영문) 대구지방법원 2016.04.07 2016고단347
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five 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 of the city bus in the course of fishing B New Airport.

On November 8, 2015, the Defendant driven the above bus around 18:50, and proceeded along the two-lanes of the two-lanes in front of the D cafeteria located in Yongcheon-si, Youngcheon-si, Seocheon-si, Incheon.

At the time, there was a duty of care to prevent accidents by accurately manipulating the steering and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, as the Defendant neglected his duty of care on the front side by negligence, the Defendant received the victim E (75 years) who illegally crossed the road on the right side from the left side of the direction of the proceeding of the Defendant, on the left side of the bus.

Ultimately, the Defendant caused the death by the negligence on the part of the above business, such as low-blood shock, at the Yong-Namnam University located in 10-gil, 19,00, which was under the transmission treatment after around 19:09 on the same day and at the Youngcheon Hospital located in the university department of the university.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a survey report on the actual condition and a corpse death certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [Special mitigated in February to October] (the victim] also has a considerable fault in the occurrence of traffic accidents or the expansion of damage, the sentence is not to be imposed (including a serious effort to recover damage) (the decision of sentencing] [the decision of sentencing] as set forth below, and the circumstances of sentencing indicated in the records of this case, such as the following circumstances, and the defendant's age, sex, sex, family relationship, family environment, motive and means of crime, and the circumstances after the crime, etc. shall be determined as set forth in the order.

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