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(영문) 대전지방법원 논산지원 2017.01.24 2016고단578
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving CV passenger buses.

On September 30, 2016, the Defendant driven a bus around 08:14, and stopped the road front of the D bus platform in front of the C bus platform in the middle of the middle of the year from the Myeongsan-si to the side of the two sides. The Defendant stopped and proceeded with the passengers.

In such cases, a person engaged in driving service has a duty of care, such as driving according to the structure and performance of the vehicle, and operating the steering system, brake system, and other devices of the vehicle accurately.

Nevertheless, the defendant neglected this and went on to the right side from the left side of the bus in order to board the bus, and the victim E (the age of 85) was sent to the right side of the bus, and the victim in excess was sent to the right side of the bus.

Ultimately, the Defendant caused the death of a victim by occupational negligence during the course of transferring the victim to a hospital at around 09:27 of the same day, which led to the death of a multiple organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Application of Acts and subordinate statutes to death certificates;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) [In the mitigated area (4-1 year)] [Special mitigated Persons] [including efforts to recover damage]] the result of the crime, such as the death of the victim due to the accident in this case], but the result of the crime, such as the death of the victim, is weak, but the defendant's mistake and reflects, the victim's bereaved family members and the victim's bereaved family members, the vehicle has entered into a mutual aid agreement, the defendant's age, sexual behavior, environment, accident circumstances, the defendant's negligence, and the circumstances after the crime.

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