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(영문) 창원지방법원 통영지원 2017.01.26 2016고단2030
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-country bus.

On October 18, 2016, the Defendant driven a bus at around 08:40 on October 18, 2016, and led to turn to the left at a speed that is one-lane of the three-lanes in front of the Mat-do, Mat-do, Mat-do, Mat-do, which cannot be seen from the et-side to the e-mail.

At all times, signal lights have been installed on the front side and the right turn turn has been installed on the front side, so in such a case, there was a duty of care to safely check whether a person engaged in driving a motor vehicle has a pedestrian, and to prevent a traffic accident by safely making a left turn to the left in accordance with the new code.

Nevertheless, even though the defendant neglected this, he did not discover the victim D (the age of 45) who opened the crosswalk from the right side of the defendant's running direction to the left, due to the occupational negligence that caused the left-hand turn, and did not discover the victim D (the age of 45) and received the victim from the front part of the bus operated by the defendant.

Ultimately, around October 18, 2016, the Defendant: (a) caused the victim’s death by occupational negligence; (b) he/she was receiving medical treatment at a university hospital located in Gluri-dong, Jinju-si, Jinnam-si; and (c) caused the death of the victim due to fladrosis of trauma.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident investigation report and a death diagnosis report on the scene of the accident;

1. Application of Acts and subordinate statutes to a report on investigation (as to a violation of signalling vehicles of the current year);

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 the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines [the range of recommended punishment] the basic area (including August to 2) (the special mitigation) [the person subject to a special mitigation (including a serious effort to recover damage)] / The illegality in the proviso of Article 3(2) of the Act on Special Cases concerning School Traffic.

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