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(영문) 수원지방법원 성남지원 2018.07.19 2018고단1075
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a new bus B or a franchise.

On October 25, 2017, the Defendant, at around 18:30 on the Do-si in Gwangju-si, proceeded straightly at an influence rate depending on the two-lanes of the 335.8km located on the Daejeon Highway, the 2nd parallel of the 335.8km.

At the time, he was puping and opening a dog, and there was a express bus going straight on the two-lanes later, so in such a case, a person engaged in driving a motor vehicle shall not change the course when it is likely to obstruct the normal passage of other motor vehicles when intending to view the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, the defendant neglected this and proceeded as a one-lane due to the negligence of proceeding as it is, and he rapidly changed the course to a two-lane, while driving in a two-lane.

C(63) Driving D(63) caused the collision of the back part of the Defendant’s vehicle with the front part of the speed bus vehicle.

Ultimately, the Defendant caused the death of the victim E (the age of 72) who is the passenger of the Defendant’s vehicle due to the foregoing occupational negligence, from around December 22:10, 2017, the Defendant caused the death of the victim E (the age of 72) to a acute pulmonary disease that is difficult due to the blood therapy at the Hanyang University Hospital in Seongdong-gu Seoul, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's statement of damaged vehicles C;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on site photographs;

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 heavy in view of the fact that a serious consequence of the death of the victim was caused by the negligence of the defendant for the reason of sentencing.

However, the defendant has reached an agreement with the victim's bereaved family member.

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