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(영문) 제주지방법원 2017.02.09 2016고단2568
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 service of a bus belonging to Sam-gu Transport Co., Ltd.

On October 7, 2016, the Defendant driven a bus at around 09:58, while driving the bus at around 09:58, and driving the road of the Jeju Middle School, which is located in the 43-ro (melting-do), the front side of the Jeju Middle School, along the two-lane distance from the gate on the side of the street.

Since there are many places where pedestrians are frequent in the densely populated commercial areas, in such cases, there was a duty of care to safely drive a road by checking whether a person engaged in driving of a motor vehicle is a person driving a motor vehicle, by properly examining the route, the right and the right of the road.

Nevertheless, the defendant neglected to do so and went on to the right side of the defendant's proceeding direction, thereby resulting in the victim C(88) who was a building of the above road to the right side of the defendant's proceeding.

Ultimately, the Defendant caused the death of the victim from the E hospital located in Jeju-si D around 12:09 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the statement made to F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on internal investigation (part of the speed of bus 1 B);

1. On-site reports (accident video data), CDs (hereinafter referred to as the "videos");

1. A death diagnosis certificate (C);

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);

2. The Defendant’s age, sex, environment, circumstances after the commission of the crime, both sentences in similar cases, and other cases.

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