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(영문) 대구지방법원 상주지원 2018.02.20 2017고단530

교통사고처리특례법위반(치사)

Text

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

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

The defendant is a person who is engaged in driving of C urban bus vehicles.

On November 1, 2017, the Defendant driven the above vehicle at around 18:00 and proceeded at a speed of about 50 km in the city of Si with the front Do road at the time of stay at around 4:0.0.

At all times, they are cross-sections and at night, so there was a duty of care to prevent accidents by accurately manipulating the steering and steering system and by accurately manipulating the steering and steering system.

Nevertheless, the Defendant neglected to do so and proceeded without delay, and the Defendant received the victim E (the age of 76) who illegally crossed the road on the right side from the left side of the running direction of the above vehicle as the front side of the above vehicle.

Defendant 1 caused the death of an injured party by occupational negligence at F Hospital, which was under the treatment of transmission after around 18:40 of the same day, to the death of an injured party due to cerebral cerebral cerebral cerebral cerebral cerebralop

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Report on internal investigation (No. 6 No. 5 of the evidence list), investigation report (No. 9 of the evidence list);

1. A report on the occurrence of a traffic accident, a report on the handling of the reported case, and a report on actual status investigation;

1. A death certificate, written evidence of autopsy, or written report of autopsy;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Class 2 [person subject to special sentencing] mitigated factors of traffic accidents according to the sentencing guidelines: The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines, the area of reduced punishment [the scope of recommended punishment], the area of reduced punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. According to the Defendant’s decision of sentence, there was a serious result of the death of the victim.

Although there is a circumstance that the injured person was not cut to the crosswalk, the victim is the victim.