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(영문) 서울남부지방법원 2014.01.08 2013고단3935

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the business of driving buses C.

On September 28, 2013, the Defendant driven the above bus on September 22, 2013, and driven the two-lanes of the three-lane road of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 3-1, from the private distance in Yeongdeungpo-gu, Seoul Metropolitan City, the two-lanes of the three-lanes of the gold enforcement.

At the time, there was night and non-working, and in such a case, the driver has a duty of care to reduce the speed to the person engaged in driving service and to prevent the accident in advance by safely driving by taking into account the traffic conditions of the front left.

Nevertheless, the Defendant neglected this and went beyond the road by taking the victim D(31) who illegally crossed the road from the left side of the Defendant’s vehicle on the front side of the Defendant’s vehicle.

Ultimately, at around 23:46 of the same day, the Defendant caused the victim's death by the occupational negligence as above, at the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E, to the low-blood shock.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A death certificate;

1. Application of the traffic accident reporting Acts and subordinate statutes;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da15488, Feb. 1, 2009) (see, e.g., Supreme Court Decision 2009Da14488, Feb. 29, 2009) (see, e.g., Supreme Court Decision 2009Da1488, Feb. 29, 2009)) (The Act on the Suspension of Execution) (see, e.g., Supreme Court Decision 209Da11334, Feb. 28,