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(영문) 의정부지방법원 2017.10.10 2017고단2614
교통사고처리특례법위반(치사)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver belonging to an advanced urban bus (owner) and a person engaging in driving of a B urban bus.

On March 18, 2017, the Defendant driven the above bus on the first-lane road near the fifth Gun group of 1082 due to the growth of 01:29 on March 18, 2017, while driving it on the road near the fifth Gun group of 1082, and driving it from the tri-distance bank to the lavari plane.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to prevent accidents in advance by paying attention not to be invaded by the center line.

Nevertheless, the Defendant, while driving a stroke, was due to the negligence of the central line, and EXE car of the victim C(40) which was normally driven in the opposite direction, was set.

As a result, the Defendant caused the death of the victim C by leaving the victim C in two dubs, etc. due to the above occupational negligence, and caused the victim E (62 tax) who is the passenger of the above bus to suffer injury, such as brain, which requires approximately five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate and a corpse death certificate;

1. A traffic accident report;

1. On-site photographs and vehicle photographs;

1. A list of reports on internal accidents (passengers and currencies of buses involved in accidents) and other names of merta-records;

1. Application of the Acts and subordinate statutes governing video data CDs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that one person dies with the central line of the defendant, and that one person suffers injury in need of five weeks of treatment.

However, there was an agreement with the bereaved family members of the deceased victim, and the defendant's driving of the case was caused by the accident of this case.

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