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(영문) 수원지방법원 2019.01.09 2018고단5408

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2.Provided, That the execution of the above punishment shall be postponed for a period of two years from the date this judgment has become final.

Reasons

Punishment of the crime

On August 3, 2018, the Defendant: (a) was a person engaging in driving of Category C bus; (b) was driving the said bus on the two-lane side of the three-lane road in front of the said bus in the eth and in the F apartment door. At that place, there was a crosswalk on which signal lights are installed; (c) the Defendant, at the front of the road, has a duty of care to comply with the signal; (d) consider whether there is a pedestrian at the front of the road; and (e) to prevent the accident by safely driving the bus, such as reducing speed according to the road condition and accurately operating the brake system; (e) even though he/she neglected the vehicle stop signal while he/she violated the signal, he/she received the victim G (13 years old) walking on the right side of the said bus on the basis of the direction of progress of the said bus; and (e) caused the injury to the brain and the injury to the brain, and caused the death of the two.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. An accident site photograph;

1. A corpse of corpse;

1. Application of accident video CD-related Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] General Traffic Accident Type 2 (Aggravated Death, etc. from Traffic Accidents), the basic area (a person subject to special mitigation) (including a person subject to special mitigation), the penalty not (including a serious effort to recover damage), the case where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the School Special Act is serious, or the case of a crupted driving (a decision of sentence] the sentencing conditions indicated in the records, such as the following circumstances and the defendant's age, character and behavior, environment, motive and circumstances of crime, etc. are considered.