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(영문) 수원지방법원 2018.09.18 2018고단4273
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 driving of C urban buses.

On May 29, 2018, the Defendant driven the above vehicle on May 16:57, 2018, and led the front road D to the traffic park protection area on the front of the C-Sae Park at the C-Sae Park.

Since there are crosswalks where signal lights are installed in the front section of the children's protection zone, the accused was obliged to observe the signal while paying attention to the safety of the children and to check whether there is a pedestrian by properly operating the steering gear and the brake system and to prevent the accident.

Nevertheless, the Defendant was a victim E (7) who walked on the right side of the above crosswalk due to the Defendant’s occupational negligence, which did not walk the front and front side of the road, in violation of the vehicle red signal signal and does not show the front and front side of the road properly.

Ultimately, the Defendant caused the victim’s death with the same day’s external wound by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on internal investigation (investigation into the causes of a traffic accident), submission of CCTV and black image data, and report on internal investigation (Analysis of the causes of a traffic accident);

1. Application of Acts and subordinate statutes to dead bodies;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The special mitigated person in the mitigated area of Class 2 (Death by Traffic Accidents between April and 1) of the general traffic accident (the mitigation of sentence]: The accident of this case is caused by the Defendant, who is a bus engineer, by negligence in violation of the signal in the children protection area, by shocking the victims of the seven years of age crossing the crosswalk and causing death.

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