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(영문) 수원지방법원 평택지원 2018.07.12 2017고단2338
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 the city bus.

On September 20, 2017, the Defendant driven the above city bus on September 20, 2017, and proceeded along two-lanes for the bus on the side of the reservoir for the ship from the side of Pyeongtaek apartment in the direction of Pyeongtaek-si E.

Since there is a place where a crosswalk is installed, in such a case, a person engaged in driving service has a duty of care to safely drive the crosswalk, such as temporary suspension, after checking whether there is a person walking on the crosswalk by reducing the speed and by properly examining the right and the right before and after the passage.

Nevertheless, the Defendant neglected to do so and proceeded on the above crosswalk, and did not avoid the victim F (the 27 years of age) who walked to the reservoir on the left-hand side from the off-to-west side, and received the victim from the front part of the above city bus chief. As a result, the victim died of the brain liver in the treatment process at H hospital located in Pyeongtaek-si G on October 12, 2017 at H hospital located in Pyeongtaek-si, and died of the victim as the brain livers due to the thale due to the thalesis, the thale thalesis, the thale, etc. in the treatment process.

Ultimately, the Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of each investigation report, each traffic accident report, death diagnosis report, black stuff image (ROM), accident site photographing statute;

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 Criminal Act of the community service order;

1. Criteria for sentencing: From August to two years (the scope of recommendation) for general traffic accidents, the basic area (from August to two years) (the person who is subject to special sentencing) exists; and

2. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, are below the sentence of sentence.

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