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(영문) 전주지방법원 2021.02.18 2020고단1472
교통사고처리특례법위반(치사)
Text

The punishment of defendants shall be ten months without prison labor.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2020, the Defendant driven a bus B around 05:20 on April 17, 2020, and driven a three-lane road in front of the D, in the end of the front city of the city of Jeonju, to the front line from the right edge of the road.

At the same time, there is a duty of care to operate safely by accelerating at a speed of 20/100 the highest speed and by checking the right and the right and the right at a speed of 70 km speed, and the Defendant, without complying with the duty of care, has not been negligent in driving in excess of 56 km speed per hour, and has neglected the front-down city in the same direction.

E ( South, 65 years old) did not discover the FOtobane driven by E and shocked the back part of the Defendant’s bus into the front part of the Defendant’s bus, and E exceeded the road.

E on April 17, 2020, around 05:48, died of the injury to external wounds at H hospitals located in YY-gu G in Yansi-gu, Jeonju-si, Seoul.

The Defendant caused a traffic accident by occupational negligence, resulting in the death of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes to a report on investigation of a corpse (the provision on the scene of an accident, the speed of the accident and the part in excess of the vehicle under the influence of the accident);

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

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

There is no criminal experience.

The circumstances in which the bereaved family members of the victim do not want the punishment of the defendant shall be considered.

Although the accident occurred with a large number of new walls that is not good in view of view, the negligence of the defendant who did not properly live is not small, and the result of the victim's death is heavy.

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