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(영문) 수원지방법원 성남지원 2017.01.09 2016고단3465
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 the operation of village buses B.

On August 25, 2016, the Defendant driven the above bus around 10:40 on August 25, 2016, and proceeded at a speed of 44.1km/h of speed, depending on the first two-lanes from the gold light elementary school to the new interesting gate.

It is a child protection zone, there is a commercial building in the vicinity of the road, and the width of the road is narrow, so in such a case, the driver of the motor vehicle has a duty of care to observe the speed of 30 km/h and to ensure the safety of children who are likely to cross the road while driving the motor vehicle with due care to ensure the safety of children who are likely to cross the road while living well on the right and the right of the road.

Nevertheless, when the defendant neglected this and proceeds over the speed of the restriction, the defendant got a part of the left side of the victim E (8 tax) which was unclaimed from the right side of the defendant, which was unclaimed from the left side of the defendant, into the right side of the defendant's vehicle.

As a result, the Defendant caused the victim to die due to the injury of oxygen cerebral cerebral brain in a subdivision hospital located in 59 in the Geongnam-si of the Gyeonggi-si on September 13, 2016, around 20:37, the Defendant caused the victim to die due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Sending a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes on the management card for children's protection zones, photographs, field photographs of the skin;

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 (including the following favorable circumstances, etc.):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions shown in the trial process of this case, such as Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be comprehensively taken into account. The sentence is ordered as above.

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