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(영문) 수원지방법원 성남지원 2018.03.15 2017고단3439
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving buses C.

On September 16, 2017, the Defendant driven a bus at around 22:22 on September 16, 2017, and led to the left turn to the left at the seat of a new ridge village from the south bank.

At the time, since it is a night and a left-hand left-hand area, there was a duty of care to check whether a person engaged in driving service has a motor vehicle driving on the front side and to safely turn to the left and prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left without neglecting this, and went to the right side of the bus, the front part of the victim D (SV250) driving, which was proceeding one-lane from Gwangju Sea to the south side of the lower side of Gwangju Sea.

Ultimately, the Defendant caused the victim by occupational negligence to die from an emergency room of the Gandong Gyeong-dong University located in Gangdong-gu Seoul Metropolitan Government, 892, where the Defendant had the victim receive after-the-job treatment on September 17, 2017, due to the blood transfusion shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs by cutting off the scene of an accident, a photofluor of a bus boom;

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. The sentencing of Article 62(1) of the Criminal Act is heavier than the nature of the crime in light of the fact that there is a serious result of the death of the victim due to the negligence of the defendant.

However, the sentencing factors in the records and theories of this case, such as the fact that the defendant is against the defendant, the fact that the victim's bereaved family members and the bereaved family members have agreed smoothly, and the defendant's age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.

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