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(영문) 수원지방법원 2018.07.17 2018고단1594
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a fishing bus in D New Zealand.

On July 21, 2017, the Defendant driven a bus at around 23:50 on July 21, 2017, and led to a three-lane in front of Suwon-si E from the boundary of the Dong-si Construction Center to the Gyeonggi-do Construction Headquarters along one-lane of the three-lanes.

At the time, at night, yellow-off signal was operated in a three-distance, and from the right side of the defendant's right side, the victim F (n, 43 years old)'s G bargaining car has already entered the intersection and turn to the left, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system by reducing speed and properly manipulating the front right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and entered the intersection more than 60 km speed, which is the speed limit of 60 km, and found the victim's frighting car at the latest and operated to avoid it, but did not avoid it. The part of the driver's frighting car was left left by the victim's frighting car.

Ultimately, the Defendant caused the victim to die due to brain damage caused by a traffic accident at the same time due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A traffic accident report, a corpse death certificate, and a comprehensive traffic accident analysis report;

1. Application of relevant photographs (after an accident), relevant photographs (on the scene of an accident), a bus boomer screen, and statutes on the screen of a witness vehicle;

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 two types of general traffic accidents that apply the sentencing criteria;

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