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(영문) 전주지방법원 군산지원 2018.04.25 2018고단12

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 driving a bus in fishing in B New Schlage.

On December 13, 2017, the Defendant driving a bus around 17:50, and continued to proceed to the right-way of Samsung Bio-resources, which is located in 108, North-ro, Yasan-si, Yasan-si, on the right-side side of the Madong Office from the Madong Office to the right-side protection area.

At the time, it was difficult at night to set up a crosswalk, and in such a case, there was a duty of care to prevent traffic accidents in advance by accurately manipulating the brake system.

Nevertheless, the Defendant neglected this and proceeded without properly looking at the front side of the bus and received the victim C(73 tax) from the front part of the bus in the crosswalk to the right side of the above bus with the right side, and caused the victim to die with low-blood shocks at the hospital of the original university located in the 895, the 20:11 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident, report on a traffic accident, on-site photograph of a traffic accident, report on internal investigation - With respect to attachment of Ma1 vehicle black photographs, application of the law of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend shall be [the scope of recommended punishment] the area of mitigation (4 months to 1 year), [the person with special mitigation] the area of punishment not (including efforts to recover damage] disadvantageous to the victim: The victim's death.

A person who is walking on a crosswalk is guilty of causing the death of the victim.