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(영문) 서울남부지방법원 2013.03.13 2013고단368

교통사고처리특례법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a bus in the case of fishing between B and B.

On January 13, 2013, the Defendant driven the above bus around 16:40, and the Defendant proceeded two lanes between 5 and 24-1, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, and the three lanes between 24-1 and 24-1.

Since there is a signal signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, the Defendant neglected this and got the victim C (73 years old) who was standing a bicycle on the crosswalk in front of the defendant's moving direction in accordance with the pedestrian signals by negligence while driving in a stop signal in violation of the signal, and got the victim C (73 years old) to the right side of the bus of the defendant.

On January 13, 2013, at around 18:30 on January 13, 2013, the Defendant caused the death of the victim due to the cerebral fladation of the two aggregates at the Yeongdeungpo-gu Seoul Metropolitan Government D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of the video CD-related 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. The reason for sentencing under Article 62(1) of the Criminal Act is the primary offender, the victim’s bereaved family members and the victim’s bereaved family members have agreed smoothly, and the sentencing conditions indicated in the records, such as the Defendant’s age, character, conduct and environment, including the developments leading to the occurrence of the instant traffic accident, shall be determined as ordered