(영문) 춘천지방법원 속초지원 2018.01.31 2017고단301

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(영문) 춘천지방법원 속초지원 2018.01.31 2017고단301

교통사고처리특례법위반(치사)

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of a bus BS106.

On May 9, 2017, the Defendant driven the upper vehicle at around 07:45, while driving the vehicle, followed by a new bank, located at the center of the Sinsi, from the side of the Sinsi-si, to the jurisdiction of the Sinsi-si.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to check whether a person engaged in driving of a vehicle has a way to see well the right and the right and the right of the vehicle, and to safely drive the vehicle in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected the body of the victim D (V) crossinged from the right side of the direction to the left side of the crosswalk to the left side of the crosswalk, and went back to the front side and the left side side of the above vehicle of the defendant.

Ultimately, the Defendant caused the death of the victim in the front of the above new bank immediately due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site photographs of the traffic accident, confirmation photographs of the scene of the accident, and black stuff images;

1. Application of Acts and subordinate statutes to death certificates;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant recognized the instant crime; (b) the primary offender; (c) the first offender; (d) the bereaved family members; and (c) the result of the instant case is very significant; and (d) the Defendant’s age, sex, environment, background, means and consequence of the crime; and (c) the conditions of sentencing, such as the circumstances after the crime, shall be determined as the order.

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