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(영문) 의정부지방법원 2018.07.11 2018고단1495
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 one year 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 23, 2017, the Defendant driven a bus at around 16:20 on December 23, 2017, while driving the bus at around 16:20, the Defendant proceeded at the speed of Dop in the direction of the Sung-si National Police Agency in the direction of the Sung-si Hospital.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to thoroughly view the right and the right and the right of the motor vehicle and to prevent an accident while driving the motor vehicle.

Nevertheless, due to negligence of neglecting and proceeding as it is, the victim E (the age of 79) crossing the road from the right side of the defendant's proceeding to the left side was received as the front part of the defendant's driving bus.

Ultimately, the Defendant caused the above victim to die by occupational negligence at the government-wide 271(Seodong), which was located in the 09:06 Gambro Mao-ro 271(Seodong) of the Gyeonggi-do, on January 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Image image of an accident;

1. A death certificate;

1. Application of Acts and subordinate statutes to accident scene and vehicle 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 of the suspended sentence [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The area of special mitigation (if there is considerable negligence on the occurrence of traffic accidents or expansion of damage even to the victim, it is not punishable, and two months to one year] [the decision of sentencing] caused by a traffic accident caused by the defendant, resulting in a result that the victim cannot be able to take care of the death of the victim.

It seems that the mental shock and suffering of the victim's bereaved family members are reasonable.

However, in addition to the negligence of the defendant, the accident of this case is also a negligence that the injured person without permission without permission without examining the surroundings.

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