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(영문) 대전지방법원 천안지원 2016.09.23 2016고단1365
교통사고처리특례법위반(치사)
Text

The imprisonment without prison labor for the accused shall be determined by ten months.

However, the above sentence shall be executed 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 the operation of a bus with 25 passengers.

On May 2, 2016, the Defendant driven the above vehicle at around 22:40, and driven the above vehicle at a speed of about 96 km per hour depending on two-lanes, namely, a two-lane road in front of the 238 Do Customshouse in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu.

At the time, it was night and rained, and there was no signal signal at the front of the road, and the speed of the restriction is about 40 km speed, so the driver of the vehicle has a duty of care to temporarily stop in front of the crosswalk when the driver of the vehicle reduces the speed, sees well the right and the left, and pedestrians pass the crosswalk, and to prevent the accident by observing the speed of the restriction.

Nevertheless, the Defendant neglected this and went beyond the ground floor by taking the victim C (the 37 years old), who walked along the crosswalk from the left side of the running direction of the maget Defendant's vehicle, to the right side of the maget (the 37 years old), as the front right side of the vehicle and the slick part.

Ultimately, the Defendant’s negligence on May 3, 2016, caused the death of a victim of the instant traffic accident at the Yancheon-gu Hospital in the Namcheon-gu University, Namcheon-gu, Namcheon-gu, 31-ro 6-gil, Namcheon-gu, Namcheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Photographs of the place of accident and the scene of accident;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the Road Traffic Authority as a result of traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria (the types of decisions) shall be made;

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