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(영문) 청주지방법원 영동지원 2017.10.19 2017고단99
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 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 new bus B.

On May 26, 2017, the Defendant driven the above bus around 09:30 on May 26, 2017, and led to a road of about 51.5 km from the border of the Dong-dong to the center of the private distance.

Since a crosswalk has been installed on the front side, there was a duty of care to check whether there was a person who gets involved in driving service to reduce the speed and to check the right and the right and the right and the right and the right and the right are well and to drive safely.

Nevertheless, the Defendant neglected to do so and proceeded along the crosswalk to the port from the right side of the bus crossing due to negligence, and received the victim E (60) from the front side of the bus.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the dry University Hospital located in Seoyang-dong 158, Seo-gu, Daejeon, Seo-gu, Daejeon, where the victim was under the treatment for transmission after around 18:35 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition investigation;

1. Reports on internal investigation (the sequence 12 of the evidence list);

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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;

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. The scope of recommended punishment according to the sentencing guidelines [type determination] shall be limited to the range of recommended punishment [referring to the area of recommendation and sentence], the area of mitigation of punishment (including serious efforts to recover damage], the area of mitigation of punishment, and the area of imprisonment without prison labor for not less than four months but not more than one year;

2. Determination of sentence (unfavorable circumstances) of the instant crime is negligent in neglecting the duty of the Defendant on the frontline while driving a vehicle.

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