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(영문) 수원지방법원 2017.01.18 2016고단7156
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a village bus.

On August 4, 2016, the Defendant was temporarily stopped on the road in front of the road located in Young-si Metropolitan City D while driving the above van around 11:40 on August 4, 2016, and became temporarily down in order to take rest.

Since there is a slope length and a lot of traffic of pedestrians and vehicles, there is a duty of care to prevent accidents in advance by putting the engine on persons engaged in driving of motor vehicles, thoroughly operating the brakes, and putting them down on the wheels after safely maintaining the state of stop.

Nevertheless, the Defendant neglected to stop the engine and operated the brake with the engine completely, without installing a solid tree with the wheels, caused the victim F.(42 tax) and the victim G (39 tax) who walked the above wheel by the driver’s negligence.

Ultimately, the Defendant caused the victim F by occupational negligence to die in the two parts of the said two positions, and at the same time, the Defendant suffered injury to the victim G, such as influent heat, liver damage, kidy damage, external cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrals, etc., which requires at least 12 weeks of medical treatment. As a result, the Defendant caused the risk of life, or caused an inf

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report - Confirmation of bus stops;

1. Investigation report (verification of black stay images);

1. A death certificate;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing of the alternative imprisonment without prison labor (the reason why the sentencing criteria are not applicable) is the death of one victim due to the instant accident.

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