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(영문) 수원지방법원 2016.03.24 2015고단5483
교통사고처리특례법위반
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 September 27, 2015, the Defendant driven the above city bus around 05:50 on September 27, 2015, while driving the front road in Suwon-gu C in the direction of the landing distance from the Sejong Underpass. At that time, the Defendant was crossing the victim E (19 years) and his driving without permission.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents due to the reduction of speed and temporary suspension of driving of the motor vehicle.

Nevertheless, the defendant neglected this and proceeded to the right side of the left side of the city bus without permission by negligence, which led to the front part of the city bus.

As a result, due to the above negligence by the Defendant, the victim died from the Aju University Hospital, 164, the Youngwon-gu World Cup 164 of the same year, around October 22:19 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs and caps, photographs and accident video CDs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident [the scope of the recommended sentence] Article 62(1) of the Criminal Act where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage (the person subject to special mitigation] as well as the circumstances presented as the above special mitigation factors (the decision of sentence]; the victim did not agree with the victim; the victim did not have any record of criminal punishment after 1998; the defendant was admitted to the Financial Cooperative; the defendant's age, sex behavior, environment, etc. should be taken into account.

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