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(영문) 서울남부지방법원 2020.04.07 2019고단3737

교통사고처리특례법위반(치사)

Text

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

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 was engaged in city bus driving services.

On May 14, 2019, the Defendant driven the above bus on May 16:35, 2019, and led to the progress of the road near Gangseo-gu Seoul Metropolitan Government C from the surface of the new middle-distance bank to the surface of the valley tunnel.

Since there is a signal apparatus installed, in such cases, there was a duty of care to keep the signal to a person engaged in driving duty so that it does not conflict with a vehicle or a pedestrian.

Nevertheless, the Defendant, while neglecting the above duty of care, got a bicycle driven by the victim D (the age of 80) who had been crossing the road due to the negligence of the Defendant’s failure to go through the red stop signal in violation of the red stop signal, as a bus.

As a result, the Defendant caused the victim's death by occupational negligence on May 16, 2019, at F Hospital located in Yangcheon-gu Seoul Metropolitan Government E, due to the cause of cerebral cerebral cerebral cerebral tye, etc. during treatment.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Protocol of the police statement concerning G;

1. A fact-finding report, a report on the occurrence of a traffic accident, a traffic accident analysis report, and a photograph by cutting down a bus stuffe image;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Determination of sentence: The victim died by violating the Defendant’s signal.

The victim also has violated the signal and the bereaved family members of the victim are not punished for the defendant.

. Other.