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(영문) 수원지방법원 안산지원 2017.03.29 2017고단261

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence 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 running a city bus B.

On November 18, 2016, the Defendant driven a bus at around 13:48, and proceeded bypassing the two-lanes in front of the D shooting distance, which is located in U.S. in U.S., along the two-lanes from the gold distance to the distance of post office.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and got the victim E (80) who has passed the crosswalk from the right side to the left side by neglecting the vehicle stop signal while driving in violation of the vehicle stop signal.

In the end, the Defendant caused the death of the victimized person due to the above occupational negligence in G hospital located in G in G in G in G in G in Made-si on January 4, 2017 due to brain pressure increase.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (4 to 1 year) (including special mitigation persons) and non-execution of punishment (including serious efforts to recover damage);

2. Determination of sentence: (a) comprehensively taking account of the following circumstances, the Defendant’s age, sex, career, home environment, motive and means of committing the instant crime, and the circumstances constituting the sentencing conditions specified in the pleadings after committing the crime, as set forth in the text.

【Unfavorable Conditions】