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(영문) 대구지방법원 2014.10.16 2014고단3297
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 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 the operation of the city bus B.

On May 16, 2014, the Defendant driven the above city bus on May 17, 2017:05, and led the front of the Eastern street in Daegu-gu Dong-dong to the East Eastern-dong street, leading to an insular speed from the parallel street to the East East East-gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and failed to avoid the victim C (60 years of age) who crosses without permission from the right side of the running direction due to negligence, and shocked the victim in front of the right part of the vehicle driving by the defendant.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on May 25, 2014, at the Daegu-gu Eastdong University Hospital, Daegu-ro 130, which was under medical treatment at around 08:58.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

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

1. Application of Acts and subordinate statutes to a report on investigation (as to statements of witnesses at the time of the on-site investigation);

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 on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Death of Traffic Accidents) (Class II to October) (Special Mitigation) where there is considerable fault on the occurrence of traffic accidents or the expansion of damage to the victim, not subject to punishment (including efforts to recover damage), i.e., a decision on the suspended sentence [including a decision on the suspended sentence] the result of the death of the victim due to a defendant's negligence in driving, and thus, the defendant's liability is not minor.

However, it is true that the defendant repents and reflects the wrong, and at the time.

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