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(영문) 수원지방법원 2018.04.10 2017고단8154

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 5, 2017, at around 20:39, the Defendant: (a) was engaged in driving of C25 passenger bus; (b) was driving a one-lane road in front of E, which is located in C in C in C in C in terms of a horizontal plane from the surface of the water shooting distance; (c) was checked as to whether there is no pedestrian walking on the road; and (d) was negligent in failing to perform the duty of care to accurately operate steering devices and brakes in order to prevent accidents; and (e) was found to late behind the victim F (73 years) who walked on the road in the same direction as the Defendant bus, without avoiding the victim, and caused the victim to die from the road on the spot to the death of the road due to damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. G statements;

1. A survey report on actual condition and photographs related to accidents;

1. Application of Acts and subordinate statutes 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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendations according to the sentencing guidelines] The scope of punishment under Article 62(1) of the Criminal Act on the grounds of general traffic accidents [the scope of punishment under the sentencing guidelines] the area of mitigation (4 to 1 year): The Special mitigated element of punishment is not imposed [the decision of sentence] on the crime of this case, which resulted in the death of a victim due to negligence committed by the defendant due to negligence that caused the damage at night, which caused the death.

However, the defendant recognized the crime of this case and divided his mistake, the vehicle of the defendant's driving is affiliated with the Financial Cooperative, the defendant's bereaved family does not want the punishment of the defendant, and the defendant's driver's license register obtained the driver's license in 190, and there is no history of violating traffic laws and regulations or causing traffic accidents.