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(영문) 전주지방법원 2017.02.07 2016고단1916
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a city bus at the time of fishing in B. New Daily.

On September 13, 2016, the Defendant driven a bus on or around 20:35 on September 13, 2016, and proceeds from the road in front of the post office having the effect automatic in Yansan-gu, Seoul Special Metropolitan City to the efficacy square from the 3rd-distance side of the Western market at a speed of 20 km per hour among the 3rd vehicles, the Defendant has a duty of care to prevent the accident in advance by thoroughly operating the front-round and the steering direction of the bus without the consent of the victim C (48 years old) from the left side, and therefore, there was a duty of care to prevent the accident in advance by accurately manipulating the steering and operating the steering system.

Nevertheless, the Defendant did not discover the victim due to negligence that neglected to take care of bus passengers and talks, and went beyond the floor by shocking the victim with the front part of the bus's right-hand part, and served the victim with the front wheels, and caused the victim to die with a multiple long-term part during treatment at the North Korean University Hospital prior to September 15, 2015, around 15:52 on September 15, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of statutes by cutting off on-site photographs, CDs, or images of an accident;

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 suspended sentence under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing as follows) / [the scope of the recommended sentence] under Article 62(1) of the Act on the Suspension of Execution / [the range of the special mitigation / [the two-one year] where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage to the victim (the special mitigation / the victim is at night crossing the road on the four-lane road from which the road is installed at night). The scope of the sentence compared with the recommended sentence: two-one year [the sentence] under Article 62(1) of the Act on the Suspension of Execution / [the sentence];

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