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(영문) 수원지방법원 평택지원 2018.06.20 2017고단2320
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 running a city bus B.

On October 18, 2017, the Defendant driven the above bus around 13:45 on October 18, 2017, and moved to the right right bypassing the private distance of the Sejong-si 2:45 from the Sejong-dong community service center at the distance of about 10km from the Sejong-dong community service center.

At all times, the crosswalk was installed as a private-distance intersection, so there was a duty of care to view the front side and the left side of the driver of the motor vehicle and to check whether there is a pedestrian who will walk the road safely, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to take part in the right side of the victim C (77 years old) who was moving a road from the left side of the Defendant’s running direction to the right side of the pedestrian signals, and received the parts of the Defendant’s front bus.

Ultimately, the Defendant caused the victim to die from brain escape in the course of the aftermathy treatment at the Korea-do University, Hansung-dong District Hospital, which was located in the 7th day of a large amount in the time of friendliness on October 28, 2017, around October 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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)(the following favorable circumstances) of the Criminal Act (the scope of recommendation) [Article 62(1)(the scope of recommendation] of the Act on the Suspension of Execution and Punishment of Traffic Accidents / [Article 62(1)(the scope of punishment] of the Act on the Suspension of Execution and Punishment of Traffic Accidents / [Article 62(1)(the imprisonment without prison labor for one month to eight months] [Article 1-8] of the Act on the Mitigation of Traffic Accidents / [Article 62(1)] of the Act on the Suspension of Execution and Punishment of Traffic Accidents / [Article 62(1) of the Act on the Punishment and Punishment of Traffic Accidents / [Article 62(1)(the Special Mitigation of Punishment and Punishment)]

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