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(영문) 춘천지방법원 강릉지원 2018.03.29 2018고단77
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

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 bus with C 47 persons.

On December 2, 2017, the Defendant driven the above bus around 09:39, and proceeded to the Gangwon-gu Medical Center, along the two-lane road in front of the Hong-dong community service center, along with the two-lanes of the 1964-2 red-dong community service center.

Since the speed of limitation to the elderly protection zone has reached 30 km per hour, there was a duty of care to prevent accidents by safely driving, such as thorough operation of the front city and proper speed.

Nevertheless, the Defendant neglected this and neglected to drive under speed more than 66 km a speed exceeding 30 km per hour, and neglected to do so on the right side from the left side of the bus running by the Defendant at the speed of 66 km, and immediately discovered the victim D (7 cm) to avoid this, but failed to avoid it, and made the victim go beyond the floor by taking the front of the bus driving by the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, while he was sent to the F Hospital located in Gangnam-si E and was receiving medical treatment, at around 10:06 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. A death certificate;

1. Sending results of traffic accident analysis;

1. Investigation report (Investigation of shots);

1. On-site reports (Attachment to the black fluor’s string photographs and video CDs).

1. Application of Acts and subordinate statutes to a investigation report (verification within the elderly protection zone at the scene of an accident);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general traffic accidents in Article 62(1) of the Criminal Act [the scope of the recommended sentence] are as follows: (a) mitigation area (one year from April to one year) [the special mitigated person] punishment is not imposed (including efforts to recover damage).

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