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(영문) 대구지방법원 2017.03.30 2017고단351
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for nine 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 a person who is engaged in driving of urban buses No. 234 at the time of fishing in C New Dailys.

On October 31, 2016, the Defendant driven the above bus around 20:40, and proceeded bypassing the four-way distance from the front of the E in Daegu-gu D from the west-gu, Daegu-gu, to the songsan Chyeong-gu, the lower court proceeded.

At the time, the crosswalk signal signal at the location was changed to a red signal from a green on-and-off signal, so in such a case, the driver had a duty of care to check whether there is a person, to check whether there is a person, and to accurately operate the steering gear and brakes, to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and neglected it and thereby received the victim F (IS 71) who was a victim F (IS) who was standing a crosswalk on the right side of the defendant's running in the right side of the above bus.

Ultimately, the defendant had the victim by negligence in the above occupational negligence in light of 21:18 on the same day, and caused the death of the victim from diversous shocks at the Yong-Namnam University Hospital located in 170 on the Nam-gu, Nam-gu, Daegu, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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 suspended execution;

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

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. The sentencing conditions stated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, are taken into account as set forth in the sentence decisions.

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