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(영문) 수원지방법원 2017.03.28 2016고단7249
교통사고처리특례법위반(치사)
Text

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving services of buses No. 37.

On September 30, 2016, the Defendant driven the above bus on September 16:10, 2016, and turned to the 4-lane of the 4-lane road in front of the new distance in the Heung-gu Newbag-dong, Young-gu, Young-si. The Defendant came to turn to the right bypass the road above the intersection while driving the above bus on the water at the luthth of the luth of the water.

At this point, there are crosswalks where signal lights are installed at the point where the right-hand side ends, so in such a case, there was a duty of care to check whether there was a person who is engaged in driving service of the bus and to check the right-hand side and the right-hand side well and to drive safely.

Nevertheless, by negligence, the Defendant neglected this and proceeded with the above crosswalk, caused the death of the victim F (V, 63 years old) who was crossing the above crosswalk pursuant to pedestrian signals to go beyond the victim due to the right side of the above bus, followed the victim with the rear wheels of the above bus, and caused the victim to go back with the victim with the rear wheels of the above bus at around 16:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident actual investigation report;

1. A death certificate;

1. Application of CCTV closure photographs and Acts and subordinate statutes governing victim F photographics;

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 (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 sentences according to the sentencing criteria;

(a) Crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury) [Determination of Type] General Traffic Accidents, Type 2 (Death or Injury of Traffic Accidents) [Person Subject to Special Sentencing] Punishment, Non-existence of Punishment [The scope of recommended punishment] mitigated area, April or imprisonment without prison labor for one year;

(b) the criteria for suspension of execution (major reasons) negative - where death occurs, positive factors for punishment, and there is no record of criminal punishment.

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