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(영문) 창원지방법원 마산지원 2019.07.09 2019고단398

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

Reasons

Punishment of the crime

On April 12, 2019, the Defendant driven B city buses around 20:20, and driven the D Driving Zone C located in Changwon-si, Changwon-si, Seoul along four-lanes from the main line distance to the Msan-dong Police Station.

Since there is an intersection where signal lights are installed on the front side, there was a duty of care to prevent accidents in advance by driving a motor vehicle safely according to the traffic signal by reducing speed and checking well the left and right of the motor vehicle driver.

Nevertheless, the Defendant neglected this and proceeded with the vehicle signal while in contravention of the signal, and did not find out the victim E (M, 66 years old) who was trying to cross the road that was lowered from the above city bus, and had the victim go beyond the road by shocking to the right side of the above city bus, and continued to proceed with the vehicle bus.

Accordingly, at around April 21, 2019, the Defendant caused the death of the victim due to the scarcity damage in G Hospital located in F in Changwon-si, Changwon-si, Changwon-si, Masan-si on April 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The actual condition survey report;

1. Efabbbbbling images, closure at the scene of an accident, and photographic photo of a changer;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

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 selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [decision of type] according to the sentencing guidelines, the general traffic accident [Type 2], the death of traffic accident (special person], the mitigated element of punishment (including serious efforts to recover damage): source of punishment (including the area of recommendation and the scope of recommendation];