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(영문) 수원지방법원 여주지원 2017.06.07 2017고단141

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a high-speed bus in D games.

On November 2, 2016, the Defendant driven a bus at around 22:26, and proceeded at the speed of the first line of F in front of E in Ischeon-si, at the right speed from the side of the opening distance of sampling to the head of Howon High School.

At the time, there was a night and non-working, and in such a case, there was a duty of care to reduce the speed to those engaged in driving service and to drive safely.

Nevertheless, the Defendant neglected this and did not discover the victim G (42) who was lying on the road front of the direction of the Defendant's running, due to negligence that caused the Defendant to neglect in the front of the bus and neglected to do so, and received the victim as the front part of the bus.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the second brain mal wave at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Reporting of a traffic accident (1, 2);

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 Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Act (Type 2 (Type 4-1 year) [Special mitigated Persons] mitigated area (including efforts to recover damage), imprisonment without prison labor for six months and one year of suspended sentence (including the circumstances that the defendant who requires a higher duty of care as a bus driver caused the death of the victim due to a traffic accident) (with no history of criminal punishment, and the defendant agreed with the victim's bereaved family members and the victim's family members, and the victim was also guilty of gross negligence in the occurrence of the instant traffic accident)