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(영문) 수원지방법원 2017.04.26 2016고단7942
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of urban buses no. E and no. 39 belonging to the veterinary passenger transportation (ju).

On September 17, 2016, the Defendant driven the above bus around 09:35, and proceeded with the middle east-gu Intersection as the main unit of Suwon-si, Suwon-si, with the cross-section of the 2nd east-gu, the intersection of the 2nd eth eth eth eth eths from

At this point, there was a crosswalk where signal lights are installed on the front door, so in such a case, the person engaged in driving service of the bus has a duty of care to safely drive the bus in accordance with the front door and the left door and the right and the right.

Nevertheless, the defendant neglected this and proceeded as it is by the negligence of entering the red scam and driving the above crosswalk from the right side to the left side, received the victim F F (75 tax) who was walking the bicycle from the above crosswalk as the front part of the above bus in accordance with the pedestrian signals, and caused the victim to die due to the escape from the external wounds at the university hospital of the 164 Abscam in Young-si, Suwon-si, Suwon-si, 15:43 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of a death certificate, such as photographs, site photographs, etc. of the deceased;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) [Special mitigated Persons] [including efforts to recover damage] in the area of special mitigation (2 months to 1 year), circumstances that caused the occurrence of an accident, punishment non-wons (including efforts to compensate for damage), - circumstances favorable to the occurrence of serious result of the death of the victim due to traffic accidents - circumstances favorable to the victim - the defendant's mistake is divided - the victim's bereaved family members have agreed with the victim's bereaved family members and the above circumstances have been revealed in the oral proceedings, and the sentence as ordered.

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