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(영문) 수원지방법원 2017.11.30 2017고단6773

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in driving a bus B.

On August 6, 2017, the Defendant started and proceeded with the above bus in the notice of the passenger car located in the valleybing-dong of the area of Suwon-si, Suwon-si.

Since there was a car driving service provider, there was a duty of care to check whether there was no person around the bus, to accurately manipulate the steering direction and operation of the bus prior to the bus, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not discover the victim C (50) who was sitting forward of the bus due to negligence starting from the bus as it began, and did not get out the bus operated by the Defendant, and got out of the road, and used the victim's head side, etc. with the bus wheels.

Ultimately, the Defendant caused the death of the victim by occupational negligence, i.e., crushing the bones and face bones in the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in connection with the preparation of D;

1. Data on a photographic image of the black stuff, and a black stuffe photograph;

1. A traffic accident report (1) (2) and on-site photographs;

1. An autopsy appraisal report and a traffic accident analysis appraisal report;

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, Article 60 (3) of the Juvenile Act;

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, types 2 (Death, etc. of traffic accidents) (Special Sentencing) mitigated factors - None of the increased factors of efforts to recover damage - [the scope of recommended punishment] mitigated areas, 4 months from imprisonment without prison labor for up to one year;

3. The following circumstances and the defendant's age, family relation, sex, environment, motive and circumstance of the crime, and the means and method of the crime: