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(영문) 수원지방법원 2018.04.24 2018고단181
교통사고처리특례법위반(치사)
Text

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

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 D bus.

On November 22, 2017, the Defendant driven the above bus around 08:50, and, on the 3-lane 12-ro, 3-lane 3-lane 4, 3-lane 4, 3-lane 4, 3-lane 4, 12-lane 4, in the direction of the new elementary school in the direction of the new elementary school in the direction of the new high school.

Since there is a crosswalk in which signal lights are installed, the defendant engaged in driving service had a duty of care to drive safely in accordance with the signals by accurately manipulating the steering gear and brakes while living well on the front side and the right side.

Nevertheless, the defendant neglected this and caused the victim E (the age of 17) who crosses the crosswalk in accordance with the pedestrian signals due to the negligence of the defendant's failure in driving in violation of the signal, and got the victim E (the age of 17) to go beyond the floor.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the said 17:57 Lived World Cup 164, Young-gu, Suwon-si, Suwon-si, 17:57 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Efaging off the visual CCTV images around the site, and cutting off the Ma1 vehicle image to a range of Ma1, on-site photographs;

1. Ma1 Accident videos and CCTV images around the site;

1. Investigation report (as to the signal system):

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of the recommended punishment according to the sentencing guidelines] The general traffic accidents (the death or injury of traffic accidents) in the basic area (8 to 2 years): the special aggravation of punishment in the special aggravation of punishment: in a case where illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on the Special Cases of the Union (excluding the case where two or more provisos are applicable) is serious (the decision of the sentence]

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