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(영문) 광주지방법원 2017.06.22 2017고단1790

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 New Zealand bus.

On January 16, 2017, the Defendant driven a above bus around 07:10, and proceeded with two lanes in front of the Geumcheon Village, which is located in the course of the Geumcheon-gun, Gun, the two-lanes of the roads in front of the Geumcheon Village, one of the three-lanes of the two-lane roads in the front of the Geumcheon-gun, Gun.

At all times, the speed of restriction is 40 km/h in front of the village, and at the front of the road, the crosswalk was installed, so in such a case, the defendant engaged in driving service has a duty of care to check whether there is a person who gets on a crosswalk by complying with the speed limit and by checking well the right and the right and the right of the road.

Nevertheless, the Defendant neglected to stop at a speed exceeding 35.3km/h above 35.3km, and did not stop in front of the crosswalk before the crosswalk, the Defendant’s failure to stop the victim D (W, 77 years old) who opened the crosswalk from the right side of the Defendant’s proceeding to the left side of the crosswalk, taken the victim D (W, 7 years old) who opened the crosswalk into front of the right side of the Defendant’s vehicle over the ground floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to two frameworks from the same occupation.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

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 suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, reason for sentencing under Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the lecture [the type of determination] - Type 2 of ordinary traffic accidents (the resulting from a traffic accident) - The mitigated element - The aggravated element of punishment is serious - the illegality in the case of an aggravated element of Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the Teaching Service or in the case of an indeption [the scope of the recommended sentence] basic area / [the scope of the recommended sentence] from August to two years.