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(영문) 의정부지방법원 2019.10.29 2019고단2161
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three 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 a bus BFX116.

On February 22, 2019, the Defendant driven the above bus at around 14:30 on February 22, 2019, and led to the right turn to the D apartment at the right angle in front of C at the southyang-si.

Since the location is an intersection where signal lights and crosswalks are installed, in such cases, there was a duty of care to reduce the speed for a person engaged in driving a motor vehicle and to check whether there is a pedestrian or not, and to safely drive the motor vehicle to prevent accidents.

Nevertheless, the Defendant neglected to turn to the left without neglecting it and received the victim E (the age of 68) who was a victim of the crosswalk in accordance with the care of the pedestrian who left the crosswalk, as the left side of the above bus that the Defendant was driving.

Ultimately, at around April 22, 2019, the Defendant caused the death of the victim due to the occurrence of the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ba at the Namyang G Hospital located in the Namyang-si F in South-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning field CCTV images and black stuffs for piracy vehicles;

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 selection of

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Whether the sentence of this case is significant in the nature of the crime.

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