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(영문) 수원지방법원 성남지원 2020.06.11 2019고단3325
교통사고처리특례법위반(치사)
Text

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

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

The defendant is a person engaging in driving village buses B.

On November 2, 2019, at around 19:25, the Defendant driven the above bus and proceeded with the (Gu) post office located in 161 due to the extension of the sub-city 161, toward the direction of the new funeral distance on the side of the sub-city 2019.

At the time, pedestrians frequently passed the vehicle, and since there are many places where accidents occur frequently due to the illegal crossing of two-way lanes, the driver of the vehicle has a duty of care to immediately stop the vehicle, and if the accident occurs, the driver of the vehicle has a duty of care to immediately stop the vehicle.

Nevertheless, the defendant neglected this and did not find out that the victim C (the age of 9) was discharged from the roadway from India and proceeded as it is, and had the victim go beyond the front part of the bus operated by the defendant, and continued to stop and proceeded with the victim with the front and rear wheels part of the bus.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, around November 2, 2019, due to the cerebral brain injury around 19:25.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on the occurrence of traffic accidents in the police statement protocol with regard to D, the report on the actual condition of the traffic accident, the closure report of the suspected vehicle boom, the photographs of the accident site, and the Acts and subordinate statutes of the body inspection

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 selection of

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is a death of the victim, as it resulted in the Defendant’s death by shocking the victim of nine years by negligence committed while operating a village bus while violating the duty of safe operation.

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