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(영문) 대구지방법원 2015.06.04 2015고단1244
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 person who is engaged in a B bus driving service owned by a bus driving company.

On February 6, 2015, the Defendant driven the above bus on February 23:32, 2015, and proceeded in the direction of the voltage distance in the direction of the Yong-Namnam University, one-lane from the other four-lanes in front of the other side of the tension of the tension-Fari at the pressure of the Gyeongsan-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system of the motor vehicle by accurately operating the steering and steering system of the motor vehicle.

Nevertheless, the Defendant got out the victim C (50 years of age) who crosses the road from the left side of the direction to the right side of the road as the front part of the above vehicle.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence around 00:25 on February 7, 2015, at the Sejong Hospital located in 208, to death due to the trauma scarcity, etc. at the Sejong Hospital located in 208.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event that there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even to the victim in the area of special mitigation (two to ten months) (special mitigation) [including efforts to recover damage] under Article 62(1) of the Criminal Act, the defendant caused the serious result of the victim's death in the instant accident, but without permission, the defendant caused the serious result of the victim's death in the instant accident. However, without permission crossing of the victim's without permission was the cause of the instant accident, the victim's bereaved family members and the victim's family members and the child was covered by the comprehensive insurance, the defendant was the primary offender, the defendant's age, character and conduct, intelligence and environment, and the crime committed.

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