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(영문) 수원지방법원 성남지원 2018.11.08 2018고단1736
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three 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 a bus B.

On May 29, 2018, the Defendant driven the above vehicle at around 14:05, while proceeding the intersection in front of the D church located in Young-si Suwon-si, with the signal, etc. installed on the E side, and thus, the person engaging in driving service neglected his/her duty of care to safely drive the crosswalk in accordance with the new subparagraph, and did not discover the victim F (63 years, female) who was crossing the crosswalk installed in the front line in the front line by negligence in violation of the straight line and caused the victim to die in the front part of the above bus, and caused the victim's death from the external brain damage from the H hospital located in Suwon-si, Suwon-si, Suwon-si, Suwon-si on May 31, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;

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

1. The defendant's negligence of violating the reason for sentencing Article 62-2 of the Social Service Order Criminal Act and the defendant's responsibility is very heavy in light of the victim's death who walked in the crosswalk according to the pedestrian's signals.

However, the sentencing factors in the records and arguments of this case, such as the fact that the defendant is against the defendant, the fact that the vehicle is insured by the bus mutual aid association, and the age, environment, sex, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.

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