(영문) 수원지방법원 안양지원 2018.07.17 2018고단574

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자간(%)

(영문) 수원지방법원 안양지원 2018.07.17 2018고단574

교통사고처리특례법위반(치사)

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of D compact passenger buses.

On March 18, 2018, the Defendant driven the above bus on March 18, 2018, and driven the road of the two-way line in front of the F Pharmacies E in Ansan-gu, Ansan-gu, Ansan-si, with approximately 30km in speed according to one-lane long distance protection.

At the same time, vehicles parked along the two lanes and among the above vehicles could be seen as a pedestrian. In such a case, the driver of the vehicle had a duty of care to safely drive the steering gear and operation of the steering gear in a safe manner and prevent accidents.

Nevertheless, the Defendant did not neglect this and did not discover the victim G (77) who was crossing the above road due to the negligence of driving the road while driving it on the right side, and did not discover the same from the right side to the left side, and received the head of the victim's head.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at around 19:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning criminal facts and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: April to one year (the scope of the recommended punishment) from the credit cooperative (the scope of the recommended punishment) in the mitigated area (the person who has been specially mitigated for April to one year) (including the person who has been specially mitigated) in the mitigated area (the person who has made efforts to recover damage);

2. Determination of sentence: Suspension of execution for August of a credit cooperative - favorable circumstances: The fact that the situation reflects the nature of the suspension of execution for August of a credit cooperative - the fact that an agreement is reached with the bereaved family members of the victim - unfavorable

참조조문

-교통사고처리 특례법 제3조 제1항

-교통사고처리 특례법 제268조

-형법 제62조 제1항

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