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(영문) 대전지방법원 천안지원 2018.08.10 2018고단804
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in C Bus driving service.

On January 14, 2018, the defendant, at around 20:45, was driving a bus in front of the E plant located in Asan City D from the direction of the original apartment complex to the left turn to the left.

At the time, it is an intersection where a red on-and-off signal is installed at night and there is a duty of care to safely proceed with the traffic of other vehicles by temporarily stopping from the intersection at the time of entrance to the intersection in such a case.

Nevertheless, the Defendant neglected to turn to the left as it is, by negligence, failed to do so, and received the front part of the offline of the bus as the front part of the bus by the victim F (V, 43 years old) who was going to go to the original apartment zone located on the side of the two intersections located above the above intersection in accordance with the Mad-off on-and-off signals.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to brain injury in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing the scene photographs and bus booms video CDs

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the crime of providing community service and attending lectures lies in the fact that the defendant's occupational negligence at the time of the accident in this case, and the result of the most serious result of the victim's death at one family, etc. Meanwhile, the crime in this case was led to the confession and reflect of the crime in this case, the victim did not temporarily stop before passing through the intersection in this case, and the defendant's driver's vehicle is subscribed.

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