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(영문) 수원지방법원 안양지원 2016.04.26 2016고단23

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of a village bus in C.

On December 23, 2015, the Defendant driven the above village bus around 15:05, and led the front road in front of the Gunpo-si community service center, located in 531 Si/Gunpo-si, Si/Gunpo-si, Gunpo-si, to the private distance slope of Sipo-si elementary school from the Myeonpo-si, Sipo-si, Sipo-si.

Since there is a pedestrian crossing in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person to build a pedestrian crossing by reducing speed and by properly examining the right and the right and the right of the pedestrian, and to safely drive the pedestrian in accordance with the new subparagraph.

Nevertheless, the Defendant neglected this and proceeded as it was, by negligence, disregarded the change of vehicle driving signals to a stop signal, and did not find out the victim D ( South, 73 years old) who opened the crosswalk to the port from the right side of the defendant's direction in accordance with the pedestrian walk, and did not find out the victim D ( South, 73 years old) who opened the crosswalk to the right side of the above village bus, and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim through the foregoing occupational negligence in the emergency room of the Han-dong Sung-dong Sung-dong Seongbuk-gu, Seoul Special Metropolitan City, where the victim was under around 19:30 on December 23, 2015, from the low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures [the scope of recommendations according to sentencing guidelines] - Type 2 (Death, etc. by Traffic Accidents) basic area (from August to June) - Special mitigation (in addition, including serious efforts to recover damage) / proviso to Article 3(2) of the Special Exceptions Act.