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(영문) 수원지방법원 안양지원 2019.01.22 2018고단1711

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2018, the Defendant, who is engaged in driving of the city bus B, driven the bus on July 3, 2018, and proceeded with the two-lane road in front of the D, which is located in the Gu C, in Ansan-si, depending on the sports-for-all park protection area from the sports-for-all park protection area to the sports-for-the-job distance.

At the time, since the vehicle was behind and at night, the driver has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while living well in the front line.

Nevertheless, the defendant neglected this and proceeded on the left side of the moving direction of the defendant, and the victim E (the age of 36) who dried the crosswalk in the right-hand side of the bus, was shocked by his negligence.

Ultimately, at around 00:58 on the 10th of the same month, the Defendant caused the death of the victim due to the cerebral cerebral mas, etc. being receiving treatment from G Hospital located in Ansan-gu F during the said occupational negligence.

Summary of Evidence

1. The police statement of H;

1. A traffic accident report;

1. A death certificate;

1. On-site photographs, vehicle photographs, on-site photographs2, and motion picture materials of suspect vehicles;

1. Application of the Acts and subordinate statutes on CDs for suspect vehicles and video materials;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations on the sentencing guidelines: Imprisonment without prison labor for two to one year (the scope of recommendations) general traffic accidents in the category II (the death of traffic accidents) and the area of special mitigation (two to one year) (special mitigation) (including special mitigation) where there is a substantial fault in the occurrence of traffic accidents or the expansion of damage, not subject to punishment (including efforts that have been advanced for the recovery of damage);

2. The fact that the determination of sentence is agreed with the bereaved family of the victim, the fact that the victim with the road without permission appears to have considerable negligence, and the same kind of fact.