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(영문) 청주지방법원 영동지원 2019.07.04 2019고단45

교통사고처리특례법위반(치사)

Text

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

However, 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 driving a BS090 25 passenger buses.

On December 30, 2018, the Defendant driven the above bus on December 14:41, 2018, and moved the crosswalks in front of the office office in front of the Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, in Daejeon from D to Daejeon.

Since there is a signal apparatus and crosswalk, in such a case, there was a duty of care to prevent traffic accidents by driving a motor vehicle safely according to the new code after checking whether there is a person who drives a motor vehicle by reducing the speed and by properly examining the right and the right and the right of the motor vehicle.

Nevertheless, due to the negligence of neglecting this, the part of the left side of the victim E (n, 63 years old) who walkes the crosswalk from the right side of the bus in accordance with the pedestrian signals from the right side of the bus in question to the left side of the road, and let the victim go beyond the road, and then the victim go back to the right side of the bus.

Ultimately, on February 16, 2019, the Defendant caused the victim’s death by negligence in the above occupational negligence, from G Hospital located in the Busan Shipping Daegu F, G Hospital to “the flachio infection” due to the flachio infection.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, photographic description, and report on the occurrence of a traffic accident;

1. Photographs description;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service;

1. Scope of punishment by law: One month to five years;

2. Extent of recommendation [the determination of types] according to the sentencing criteria for traffic crimes: General traffic accidents [the category 2], the death of traffic accidents [the special person](the mitigated factor]. Efforts to recover damage caused by non-criminal injury shall be made.