beta
(영문) 수원지방법원 성남지원 2018.04.05 2017고단3447

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in city bus driving service.

On November 7, 2017, the Defendant driven the above vehicle at a speed of 18:00, while driving it at a speed of 55 degrees in front of the Jung-gu, Sungnam-gu, Jinnam-gu, Jinnam-gu, the Defendant followed one lane in front of the elementary school at a speed of her right angle from the direction of the Ginnam-gu to the direction of the Sungnam-do.

At night, there was a child protection zone, so in such a case, the driver of the vehicle had a duty of care to safely operate the steering and steering by accurately operating the steering and steering gear while paying attention to the safety of children.

Nevertheless, due to the negligence of neglecting this, the victim E (10) who left the road to the right side of the above school, was sent to the front right side and the rear wheels in order to get the public to leave the road on the right side of the above school.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above, such as diversating dives, etc. in the emergency room of the Seoul Metropolitan Hospital at around 18:56 on the same day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographs of the skin vehicle, photographic images of the fluor vehicle, photographic images of the fluore vehicle, and photographic images of the fluor vehicle;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the grounds for sentencing) of the suspended sentence (the grounds for sentencing), [the scope of recommendation] of the general traffic accident category 2 (the period from April 1 to year), the mitigation area (the decision of sentence] (the decision of sentence] of the mitigated area (the victim’s death or injury caused by traffic accidents) of the instant accident, was the serious result.

However, the defendant's mistake is against the defendant, and the degree of violation of the duty of care is not much serious.

The defendant has reached an agreement with the bereaved family members, and the vehicle has reached an agreement.