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(영문) 수원지방법원 2017.03.21 2016고단7196
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a D bus.

On September 29, 2016, the Defendant moved to the right bypass at an insular speed, along the two-lanes from the shot Park, the two-lanes in front of the intersection of each shot school that is located in the Young-gu, Sin-si, Sin-si, Sin-si.

When pedestrians walk a crosswalk, any person who is engaged in driving service of a motor vehicle shall stop in front of the crosswalk so as not to obstruct or endanger the crossing of the pedestrian, and when intending to make a right-hand side at the intersection, he/she has a duty of care to take care of pedestrians and bicycles driving along the crosswalks to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded by the bypassing of the crosswalk signal while the pedestrian signal is walking, and the Defendant took the left shoulder part of the victim E (the 55 years old) who walked to the left side of the crosswalk to the right side of the bus driving by the Defendant, and led the victim who walked to the road to the right side of the bus due to the shock.

Ultimately, the Defendant caused the death of the victim by occupational negligence due to multiple prolonged damage, etc. at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F prepared by the assistant judicial police officer;

1. Reports on internal investigation (verification and analysis of CCTVs in the occurrence of traffic accidents - Commencement of investigation);

1. A traffic accident report, and a written statement on the occurrence of a traffic accident (A);

1. Application of Acts and subordinate statutes to on-site photographs, autopsy records, and photographs of deceased persons;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. The scope of punishment recommended according to the sentencing criteria.

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