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(영문) 수원지방법원 평택지원 2016.05.26 2016고단266
교통사고처리특례법위반
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of a high speed cross-city bus with B members.

On January 26, 2016, around 12:10 on Pyeongtaek-si, the Defendant moved back from the direction of the terminal to the speed of about 10km at a speed of about 27 km from the parallel of Pyeongtaek-si to the terminal.

At the same time, a crosswalk is installed on the front door and the passage of people is frequent, and in such a case, there was a duty of care to check whether a person engaged in driving service has a road by reducing the speed and by checking well the right and the right and the right of the road, and to safely drive the road.

Nevertheless, the victim C (n, 7 years old) was not found to cross the terminal crosswalk at the right edge of the terminal due to the negligence in the course of the business, which neglected this, and the part of the victim's head was assigned to the front wheels of the Defendant's driving bus.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence due to the so-called laverization and heart laverging.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

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. Determination on the application of the sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: To take into account all the circumstances, including the fact that an agreement is reached with the bereaved family members of the damage area (from April to October) to mitigation area of the type of general traffic accident (the death of a traffic accident) and the fact that there is no criminal history;

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