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(영문) 제주지방법원 2018.08.28 2018고단287

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 BFX116.

On January 2, 2018, the Defendant driven the above bus on January 2, 2018, and came to turn to the left at the right of the two-lanes of the three-lane intersections of the C ticket ticket in Jeju Island from the south side of the building site.

At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to check whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, by reducing the speed and checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and did not discover the victim E (the remaining and 60 years of age) crossing the crosswalk from the D to the Samsung Construction on the side, and had the victim go beyond the ground with the front wheels of the above bus operated by the Defendant, with the front wheels of the above bus.

The Defendant caused the death of the victim of the above occupational negligence by the Doro-ro 65, while receiving medical treatment at the Hando Hospital located in Jeju-ro 18 January 18, 2018, at around 16:38.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. Reports on the occurrence of a traffic accident and reports on each traffic accident;

1. On-site photographs;

1. Application of Acts and subordinate statutes of death certificate (E);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) the accused acknowledges and reflects the crime for the first offense with no criminal history; (b) the bereaved families do not want the punishment of the accused by mutual consent with the bereaved families of the victims; and (c) other conditions of sentencing, such as the Defendant’s age, environment, and circumstances