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(영문) 대전지방법원 2016.09.20 2016고단1488

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

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

On March 23, 2016, the Defendant driven the above bus around 11:20 on March 23, 2016, and proceeded at a speed of about 40 km from the tri-distance to the west-gu, Seo-gu, Daejeon, by driving the bus at a speed of about 11:20 meters in parallel with the two-lane.

At that place, there was a crosswalk with signal lights installed, so there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes, after checking whether a person engaged in driving a motor vehicle is a person driving the motor vehicle by driving the motor vehicle, by checking well the front, left, and well.

Nevertheless, according to the defendant's negligence while neglecting this, the defendant got the victim D (W, 72 years old) who was a mat ray from the Pyeongtaek Park to the mar string of the crosswalk, and had the victim go beyond the victim.

Ultimately, the Defendant caused the death of a victim who was receiving medical treatment at a university hospital located in Seo-gu, Daejeon, Seo-gu, Daejeon at around 15:34 on the same day due to the above occupational negligence by pressure on brain.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the measurement of self-consumption, photographs of the scene of the accident, photographs of the victim, and a report on actual condition;

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

1. The relevant 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, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommended] No (the person subject to special sentencing) in the basic area (8 months to 2 years) [the person subject to special sentencing] [the sentence] of the traffic accident of this case is caused by the occurrence of the traffic accident of this case by the defendant, because the traffic accident of this case caused the death by shock of the victim who was crossing the crosswalk pursuant to the pedestrian signals in front of the bus operated by the defendant.