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(영문) 수원지방법원 2019.09.19 2018고단7488
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 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 a metropolitan bus B.

On September 18, 2018, the Defendant driven the above bus at around 20:43, and moved the intersection of the 261 local heating works at the Young-gu, Young-gu, Suwon-si along the intersection of the 261 local heating works at the intersection of Young-gu, Suwon Park, along the one-lane road exclusively for the right of way.

As the right side of the above crosswalks are installed on the right side of the crosswalks, the above crosswalks are allowed to enter the crosswalks via the above crosswalks, and the passage of people was frequent, and the victim C (V) started to cross the crosswalks to the right side of the above crosswalks, and in such a case, there was a duty of care to safely drive the motor vehicle by accurately operating the brakes.

Nevertheless, the Defendant neglected this and neglected to care for the passage of the road to enter the left-hand side, and did not discover the victim who is entering the right-hand side of the bus, and caused the victim to go beyond the right-hand side of the bus due to the negligence bypassing the right-hand side of the bus. The Defendant was against the victim who enters the bottom of the bus with the rear wheels of the bus above.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, around 20:58 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62 (1) of the Criminal Code Article 62 (1) of the suspended sentence is the death of the victim who is merely eight years of age due to the traffic accident in this case.

However, the fact that the defendant is against the truth of the crime, the fact that the victim's bereaved family members and the bereaved family members have agreed smoothly, and the defendant is in the occurrence of the traffic accident.

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