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(영문) 창원지방법원 마산지원 2017.03.29 2017고단84
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service B.

On November 1, 2016, the Defendant driven the above bus around 14:25 on November 1, 2016, and led the Defendant to proceed with a road in front of the Simsan-si, Changwon-si, Masan-si, Simsan-si, Simsan-si.

In this case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by driving the motor vehicle along the right side from the center line because the center line of the yellow line was located at the center of the road.

Nevertheless, the Defendant neglected to commit this and proceeded with the center line and brought about at the opposite lane, the D Poter's D Poter's driver's seat in front of the driver's seat in the drive of the D Poter's freight and even door were shocked with the part of the Defendant's driver's seat in front of the bus driver's seat.

Ultimately, around November 3, 2016, at the Busan University Hospital, the Defendant suffered from the above occupational negligence the victim's injury, such as fingers, which requires approximately four weeks of treatment, to the victim E (77 years of age), and to the victim F (77 years of age), for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to death medical certificates and respective injury medical certificates;

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

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. Although the reason for sentencing under Article 62(1) of the Criminal Act is very serious result due to the instant accident for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant is against the defendant, and that the bereaved family and victims agree with both the bereaved family and victims of the victim who died to seek the countermeasures against the defendant

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