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(영문) 의정부지방법원 2017.05.17 2017고단905

교통사고처리특례법위반(치사)

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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 who is engaged in driving buses C.

On December 22, 2016, the Defendant driving a vehicle on duty at around 18:10 on December 22, 2016, and turn to the left at a three-distance intersection where the yellow flickering signal on the street is operated in front of Dongbcheon-si.

At the time, it was difficult to see that there was a lot of rain, and therefore, it was difficult to see at the front-time, so the person engaged in driving service has a duty of care to make a left-hand turn after checking the safety of the course by reducing the speed and by properly examining the right and the left.

Nevertheless, the defendant neglected this and did not find a pedestrian to walk the crosswalk, and caused the left-hand turn to the right-hand side of the victim E (the age of 44) who walked on the right-hand side of the crosswalk in the narrow-hand side by negligence.

Ultimately, the Defendant caused the victim to die in the above occupational field and the room in the medical care room in the medical care center in the medical care center in the medical care center in the medical care center in the medical care of the medical care center in the medical care center in the medical care of the medical care center.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A death diagnosis report or postmortem report;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to report on internal accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) resulted in a serious result of the death of 40 victims due to traffic accidents at crosswalks.

No liability may be avoided for a serious result.

However, the defendant's negligence immediately after the accident is recognized, and his depth is divided as a result of a serious trouble.

The bereaved family members of the victim shall also be punished for the present defendant by agreement with the defendant.