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(영문) 수원지방법원 안양지원 2014.04.24 2014고단242
교통사고처리특례법위반
Text

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

except that 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

On November 30, 2013, the Defendant driven the city bus around 10:12 on November 30, 2013, and operated the city bus at the crosswalk where the signal, etc. was installed in front of the post office distance in the Si/Gunpo-si. However, the Defendant’s occupational negligence bypassing the road, which continued to go about about 20 km in the speed of the Si/Gun/Gu, and led the victim to the death of the victim by spreading the victim with the rear wheels of the above bus at the right right edge of the bus under the new subparagraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is the Defendant’s crime of this case, which led to the death of the victim who dried the crosswalk according to the pedestrian signal, and the degree and result of the violation of the duty of care is significant.

However, in consideration of the fact that the defendant agreed with the bereaved family members of the victim, is in depth against the victim, the primary offender, and the defendant's driver's bus is covered by the mutual aid, etc., the punishment as ordered shall be determined.

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