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(영문) 수원지방법원 안양지원 2019.08.22 2019고단583
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 engaged in the operation of village bus B.

On November 28, 2018, the Defendant driven the above bus on November 14:13, 2018, and driven a one-lane road in front of the C apartment in order to drive the road at a speed of about 26 km per hour from the Cheongdo river to D-side surface.

Since a crosswalk is installed on the front side, in such a case, a person engaged in driving service has a duty of care to safely drive a road by checking whether there is a pedestrian who gets to build a road by reducing speed and by properly examining the front side and the left side.

Nevertheless, the defendant neglected this and continued to turn two parts of the victim E (the 6-year old) who was crossing the right side from the left side of the defendant's due to the negligence, which led to the failure of the defendant, to turn the two parts of the victim E (the 6-year old) into the front wheels of the bus driver.

Ultimately, the Defendant caused the death of a victim who was receiving after-the-counter treatment at G Hospital located in the Gu F in Ansan-si on November 28, 2018 due to brain damage, etc., around 15:47.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement of I;

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

1. A death certificate;

1. The results of the analysis of traffic accidents and the comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes to photographs of accident site and CCTV images;

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Extent of recommendation according to the sentencing guidelines [decision of types] of traffic crimes: General traffic accident [Type 2] causing death of traffic accident [Special Sentencing]: Reduction element of punishment (including serious efforts to recover damage): Reduction element of punishment (including general person). The recommended area of comprehensive motor vehicle insurance purchase and insurance policy;

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