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(영문) 수원지방법원 안양지원 2018.05.02 2018고단27
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaged in driving service of D buses.

On October 19, 2017, the Defendant driven a bus at around 08:59, and opened a 180-way intersection for the citizens of the Gu during Ansan-si, and proceeded bypassing it to the right from the nearest point of the department store to the right of the citizens.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive according to the new subparagraph after checking whether a person engaged in driving service is a light of a pedestrian signal, etc., and whether a person is a person to a crosswalk.

Nevertheless, the defendant neglected this and caused the death of the victim E (the 26-year old) who was crossing the crosswalk in accordance with the pedestrian signals due to the negligence of bypassing the pedestrian signal, even though it was a green signal, the defendant shocked the victim E (the 26-year old-age) with the front door part of the bus operation, and the victim who was going beyond the road is the front front door part of the bus operation on the same day, and caused the victim's death due to cerebr-out, etc. around 09:46 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to field photographs, vehicle photographs, death photographs, buses and CCTV images at the time an accident occurs;

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Determination of sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The defendant's gross negligence resulted in a serious result of the victim's loss of his/her life, and even around 2014, there was a criminal record of being sentenced to a summary order of KRW 4 million due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; favorable circumstances: the defendant reflects the defendant's wrong and has no criminal record of exceeding the fine.

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