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(영문) 수원지방법원 안산지원 2017.09.14 2017고단1740
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a high-speed bus.

On March 12, 2017, the Defendant driven the above bus around 21:20 on March 12, 2017, which led to the speed of 91km per hour from the Myeongdo to the Myeongdogdog 4 side of Pyeongtaek-si Sin-si Highway in Gyeonggi-do, which is located at the time of Gyeonggi-do.

At the time, at night and at a place where the limit is 30 km, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by temporarily stopping in front of the head of the motor vehicle and temporarily stopping in front of the head of the Gu.

Nevertheless, the defendant neglected this and entered the above lane, and followed the restriction speed in excess of 61km, and caused the victim E (48 , n, n) who was located at the end of the two lanes of letter underground stairs adjacent to the above bus to conflict with the front door part of the above bus and went beyond the underground stairs.

Ultimately, the Defendant caused the injury to the victim due to occupational negligence on March 12, 2017, at the Namdong-gu, Incheon, Namdong-gu, Incheon, 774, a 21-Ga 21-Ga, which was under the transmission treatment, due to the above occupational negligence, to have a scarbly died.

Summary of Evidence

1. Statement by the defendant in court;

1. A death diagnosis report or postmortem report;

1. Traffic accident reports and investigation reports;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include the Defendant’s age, sex, environment, background leading up to the instant crime, means and result, circumstances after the instant crime, the two sentences in a similar case, and other various sentencing conditions as shown in the instant argument. In particular, the following conditions shall be considered.

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