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(영문) 수원지방법원 2015.04.08 2015고단417
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 3, 2014, at around 19:30 on December 3, 2014, the Defendant was driving a village bus as his duties, and led to the passage of the roads in front of the Dobong-Eup dong-dong, dong-dong, dong-dong, Dong-dong, Dong-dong, Dong-dong, to the post office room

Since the place has a crosswalk, in this case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the defendant neglected this and went beyond the road by taking the victim C (A, 52 years old) who walked the crosswalk normally from the left side of the moving direction to the right side of the road with the new line as the front part of the village bus.

Ultimately, the Defendant caused the victim’s death by occupational negligence on December 6, 2014 at the Suwon-gu World Cup 164, Young-gu, Suwon-si, Suwon-si, a 164 Asian University Hospital to death as brain livers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of a person involved in a traffic accident referred to in D and E;

1. The actual condition survey report;

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

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident Punishment (Special Mitigations in April-10) [including efforts to recover damage] in the mitigated area (Special Mitigations in April-10] [including serious efforts to restore damage] [Pronouncement Decision]. The defendant's negligence is disadvantageous to the defendant, under normal circumstances, that the defendant is against the defendant, that the defendant has agreed with his/her bereaved family members, that he/she has agreed with his/her family members, that he/she has purchased a comprehensive insurance, that the defendant has no record of criminal punishment, and that he/she has no record of criminal punishment, and the records and records of this case shall be taken into consideration in favor of the defendant.

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