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(영문) 수원지방법원 2017.10.31 2017고단5483
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

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

On July 8, 2017, the Defendant driven a city bus around 17:53 on July 17, 2017, and led to a high forest traffic distance of 103 Do-ro 256, a 256-ro, the wife population, to turn to the left at the right of the unprotective post in the name of a siren apartment in the direction of the siren apartment in the direction of the siren apartment.

Since there are crosswalks with signal lights, the defendant engaged in driving service had a duty of care to make a safe turn to the left by accurately manipulating the steering gear and brakes by properly operating the signal signals of the front right right right right right and the crosswalk.

Nevertheless, the Defendant neglected to turn to the left as it is, caused the victim D (the age of 77) who crossed the crosswalk pursuant to the Mad Pedestrians' Code to go to the front part of the city bus operated by the Defendant to go beyond the floor, and had the victim go to the right side of the bus over the rear wheels of the bus.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by causing the death of the victim from his job to his heart stop.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and photographs on the scene of accidents;

1. The scene of a black stuffing accident and a photo of a deceased person;

1. Application of Acts and subordinate statutes to dead bodies;

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 (the favorable circumstances examined following the suspended sentence)

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, Type 2 (Death of Traffic Accidents) [the person subject to special sentencing] no penalty (the scope of the recommended punishment], the area of mitigation of the punishment, April to one year without prison labor;

3. The following circumstances and the defendant's age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc.

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