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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단203
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 B-P tourist bus.

On September 20, 2016, around 19:45 on September 20, 2016, the Defendant driven the above-spawn tourist bus in front of a 1-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri, and proceeded to the left-hand turn to the right from

Since a crosswalk is installed on the front side, in such a case, a person engaged in driving service has the duty of care to check whether there is a person who renders a road by reducing the speed and by properly examining the front side and the right and the right and the right and the right of the person, and to drive safely.

However, the defendant's negligence caused the driver's negligence to drive the pedestrian crossing to the right side of the victim C (15 years old) to the right side of the road due to the collision of the victim C(15 years old) with the front part of the driver's seat of the Papju Tourist bus, and the victim over the road was assigned to the rear wheels of the Papju Tourist bus's driving seat of the Papju.

Defendant 1 caused the death of the victim due to the above occupational negligence, such as an open image, self-satis, low-blood shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes, such as death diagnosis certificates and photographs related to accidents;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Punishment of the Victims led to a serious consequence of the death of the victims by shocking the victims of the crosswalks by the negligence of the defendant.

However, in agreement with the bereaved family members of the victim, the victim does not want the punishment of the defendant, and the defendant does not have any particular criminal records.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be considered and the punishment as ordered shall be determined.

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