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(영문) 서울서부지방법원 2019.01.10 2018고단3532

교통사고처리특례법위반(치사)

Text

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

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 No. 7728.

On September 28, 2018, the Defendant driven the above bus on September 23:20, and proceeded at a speed of about 53km from the dMC Station to the speed of about 53km of the search intersection distance from the dMC Station with the front of the search intersection distance of 260 as the search of Eunpyeong-gu Seoul Metropolitan Government.

At the time of night, the front door of the road was in the front door and the place was in the intersection where signal lights are installed, so the driver had a duty of care to reduce speed and to make the front door well, while driving safely according to the traffic signal.

Nevertheless, the suspect neglected this and neglected to turn to the left on the opposite side by neglecting the fact that the vehicle progress signal is changed to the stop signal, and by failing to proceed as it is, the victim C(24 years old) driving at the right turn to the left at the opposite side of the vehicle.

Ultimately, at around October 2, 2018, the Defendant caused the victim to die due to the above occupational negligence, such as double alleys and excessive surgery in the middle-patient rooms in Gyeyang-gu E in Gyeyang-gu, Youngyang-gu, Gyeonggi-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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. Suspension of execution under Article 62 (1) of the Criminal Act (All circumstances, such as the fact that the victim has agreed with his/her bereaved family members, the fact that the victim is insured by the mutual aid association, and the first offender);

1. Social service order under Article 62-2 of the Criminal Act;