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(영문) 창원지방법원 마산지원 2016.02.02 2015고단834
교통사고처리특례법위반
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 engaging in driving a passenger cross-city bus to C.

On June 30, 2015, the Defendant driven a above bus on June 20, 2015, and proceeded three-lanes on the road 99.4km in the northwest-gun, Gyeongnam-gun, Gyeongnam-gun, the northwest-gun, the Gyeongnam-gun, the northwest-gun, the Doz. 9.4km of the Highway, from the original bank.

At the time, it is night and there is a situation in which the maximum speed is restricted by 80 kilometers per hour at every 100 km of the maximum speed of 100 kilometers as the sucked surface is miled at that time, and therefore, the defendant engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed limit and operating the steering and brakes accurately and safely.

Nevertheless, the defendant neglected this and driven at a speed of not less than 20 kilometers per hour at a speed of not less than 110 kilometers per hour, and caused a sudden bus due to the negligence of driving at a speed of not less than 110 kilometers per hour, so that the central separation stand down on the left side of the bus, and then cut off the road by cutting off the door on the right side of the bus and cutting off the road by getting off the door.

Ultimately, the Defendant, by the foregoing occupational negligence, caused the death of the victim D (n, 59 years of age) who is the passenger of the bus at the bus entrance due to the shock, etc., of the same day, such as having the victim D (n, 59 years of age), who is the passenger of the bus, to the bus entrance due to the shock, and caused the death of the bus with the acute respiratory part due to the damage of drilling and the cutting of cirs cage within the bus at around 20:30 on the same day. In addition, the Defendant caused the injury to all other bus passengers,

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. Documents accompanied by output of a tachograph;

1. A death certificate and each medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Articles 3(1) and 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning criminal facts.

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