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(영문) 수원지방법원 2019.09.19 2019고단3154
교통사고처리특례법위반(치사)
Text

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

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 has been engaged in the duties of city bus B.

On January 18, 2019, at around 15:15, the Defendant driven the instant urban bus with a waterway of 356, along with the water depth of the Suwon-si, Suwon-si, and led the Defendant to proceed bypassing from the right side of the sperm to the right side of the front door.

In such a case, the driver of the motor vehicle has a duty of care to safely drive the crosswalk by checking whether there is a pedestrian who is a pedestrian who is engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and did not properly examine whether a pedestrian signal is a green light, and caused the victim C (n, 65 years old) who was standing the above crosswalk to the right side of the front of the Defendant’s vehicle, and caused the victim to go beyond the front right side of the Defendant’s vehicle, and led the victim to go beyond the rear wheels of the Defendant’s vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as the cage cage at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to vehicle booms, video images, defluorial survey records, and reports on occurrence of traffic accidents;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the general traffic accident [the type 2] the death of traffic accident [the special person] - the mitigation element: the mitigation range (including the advanced efforts to recover damage) [the recommended field and the scope of the recommended sentence] mitigation range, the credit cooperative from April 1.

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