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(영문) 의정부지방법원 2015.02.05 2014고단3981

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 12, 2014, the Defendant driven the C urban bus around 06:20 on October 12, 2014, proceeding along three-lanes from the side of the sub-small high school to the sub-small river with the road located in 1, Seoyang-si, Chungcheongnam-si, Namyang-si along the three-lanes from the side of the sub-high school.

Since there is a crosswalk where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the way to drive the motor vehicle by reducing speed and by properly examining the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle according to the new code.

However, the Defendant neglected the above duty of care and did not check the fact that the vehicle progress signal is changed to the stop signal and proceeded as it is, according to the pedestrian signals, the Defendant got the victim D (in this case, 79 years old) who opened the above crosswalk from the right side to the right side of the city bus driving by the Defendant, and went beyond the floor.

The Defendant caused the death of the victim by occupational negligence, i.e., cardio-cerebral shock, etc. from the seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written result of autopsy;

1. Application of the actual condition survey report and photographs under the Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Social Service Order [Determination of Punishment] Type 2 (Special Mitigation of Traffic Accidents Death, etc.), Members not subject to Punishment (Agreement with Victims' Bereaved Family Members), [Determination of the recommended area] Reduction Area] from April to October [Scope of Recommendation Area] from April to October [General Penalty] - Reduction element: Violation of comprehensive vehicle insurance, serious reflectivity - Aggravation element: Violation of signal violation, crosswalk [Determination of Sentence] 10 months from imprisonment without prison labor, suspension of execution, community service 160 hours;