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(영문) 수원지방법원 평택지원 2017.12.28 2017고단1457
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 a C New-Kati charter bus.

On May 28, 2017, the Defendant driven the above vehicle around 20:25, and driven the road on the three-lanes in front of the new apartment in front of the new apartment located in the Eup/Myeon in Pyeongtaek-si, among the Eup/Myeon, at the highest of about 50km from the side of Asan to the highest of the two-lanes.

At this point, there was a three-distance intersection where signal lights are installed, so there was a duty of care to see the front side to the person engaged in driving of the motor vehicle and to prevent the accident in advance by driving the motor vehicle safely in accordance with good faith.

Nevertheless, the Defendant neglected this and neglected to turn to the right from the entrance side of the new apartment, and received a part of the victim D(17 detailed driving)’s autop 100 bicycle front wheeler part of the victim D(17 detailed driving) who entered the said intersection, with the Defendant’s bus fronter part, so as to turn to the right.

Ultimately, the Defendant caused the death of the victim by occupational negligence at a university hospital of the Republic of Korea, in the course of the follow-up treatment at a university hospital of the Republic of Korea, located in 201, south-gu, South-gu, South-gu, East-gu, Seoul, on June 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a survey report on actual condition, report on the occurrence of a traffic accident, accident scene, vehicle photograph, and 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. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- The occurrence of a traffic accident by negligence in the signal level and the occurrence of a serious result of the death of the victim, provided that the occurrence of the accident is also the fault of the victim.

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