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(영문) 창원지방법원 통영지원 2019.05.23 2019고단191
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 January 7, 2019, the Defendant driven the above bus at around 05:50, and came to turn to the left the intersection from the intersection of the bus terminal at the time of the macro-city D Association Go, to the intersection of the erobbbbb.

The Defendant neglected the duty of the front left and left at the straight signal by negligence in violation of the signal, and caused the victim to use the front wheel part of the Franb, which was driven by the victim E (the age of 58) driven by the cross-country bus terminal from the upper east side to the cross-country bus terminal in accordance with the Madle signal, using the front wheel part of the bus.

On January 7, 2019, the Defendant had the victim die due to the shock, such as an excessive blood transfusion in the H hospital located in G in G at G at G at G at G at G at G at G at G at G at G on January 7, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Photographs of a deceased person;

1. A written result of autopsy;

1. Inquiry into the enemy;

1. Operating logs of I recipient vehicles;

1. Answers based on the results of analysis of DTG (operation recording devices);

1. A report on the analysis of operational recording devices;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act and Article 268 of the Act on Special Cases concerning the Settlement of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years of imprisonment without prison labor; and

2. The scope of sentence according to the sentencing guidelines of the Supreme Court [the scope of recommendation] general traffic accidents in the range of sentence (the scope of recommendation] and the area where mitigation (the death of traffic accidents in four to one year) is mitigated (the area where special mitigation is made] and no penalty is imposed (including serious efforts to recover damage);

3. Determination of sentence: (a) the occurrence of the serious result of the death of the victim due to the instant crime; (b) the degree of negligence in the performance of driving duties of the defendant; (c) the smooth agreement with the bereaved family members; (d) the time of the commission of the crime; and (e) the Defendant’s age, character and conduct, environment; (e) the motive, means and consequence of the crime

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