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(영문) 대전지방법원 홍성지원 2019.02.19 2018고단920
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 bus operator who belongs to the Bank of Korea, and is engaged in driving of the CMoman City Large Passenger Bus.

On November 15:30, 2018, the Defendant driven the above bus, and proceeded ahead of the Sejongcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, with approximately 59 km each other, in the speed of 1,000 square meters from the end of the west-do.

At the time, the road was cut down due to the decline of the road, and the road was be be be bended by the rain, and the river was coming under the bottom of the bridge installed on the front bank, so there was a duty of care to prevent accidents in advance by reducing speed to the driver of the vehicle, properly operating the steering and steering system, and operating the steering and steering system accurately.

Nevertheless, the defendant neglected this and got the bus to brooms, left the right door of the road, left from the road, and fell into a river below about 9.6 meters.

Ultimately, the Defendant caused the death of the victim D (the age of 81) who is a passenger of the bus due to the foregoing occupational negligence by the Defendant’s death from his job to the closure of the bus by blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police statements of the F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to death diagnosis reports;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Crime of Death of Traffic Accidents) (Special Mitigation) [Special Mitigation] in the area of mitigation of traffic accidents (Article 62(1) of the Criminal Code] (Article 62(2) of the Criminal Act), the following circumstances and other records, such as the defendant's age, character and conduct, environment, circumstances before and after the instant crime, and circumstances of the instant crime.

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