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(영문) 수원지방법원 성남지원 2018.09.06 2018고단1397

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

Reasons

Punishment of the crime

On May 25, 2018, the Defendant stopped at the stop of the vehicle, while driving CV bus in accordance with five lanes between five lanes in the direction of the Taepyeong Station in the direction of the side of the 5-lane in the direction of the side of the Mapon Station, Map-gu Map-si Map-si Man-si Man-si, Sungnam-nam, in the direction of the Mapon Station.

The Defendant confirmed whether there is a person who walks on the front side of a crosswalk with a signal signal installed on the front side, and neglected his duty of care to safely drive the front side and the left side by checking whether there is a person who walks on the front side by observing the safety signal, reducing speed, and neglecting his/her duty of care to safely drive the road in accordance with the new subparagraph, and neglected to change the vehicle to a stop signal, and caused the victim D (V, 69 years old) who crossed the crosswalk to the front side of the Defendant’s vehicle due to an occupational negligence going as it is, and continued.

In conclusion, the Defendant caused the death of the victim due to the cerebral tymosis, around 17:55 on June 19, 2018, while the Defendant had the victim receive medical treatment at a hospital for the department of the Science University of the 59-ro of the Geongnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A death certificate;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to field portrait photographs, booming images of vehicles, and CCTV images of G cafeterias;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) [Pronouncement Decision] The defendant's serious duty of care was committed against the victim's death. The defendant did not reach an agreement with the victim's bereaved family.

However, the defendant is a bereaved family member of the victim.