beta
(영문) 수원지방법원 안산지원 2015.09.22 2015고단2347

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 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 freight bus.

On August 10, 2015, the Defendant driven the above bus on August 19:17, 2015, and proceeded bypassing the two-lane of the two-lane road near the present elementary school located in the Annban-dong, Annban-dong, in accordance with the morality, wave, and Churan apartment protection area.

Since there are crosswalks where signal lights are installed, in such cases, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a road to reduce speed and to see well the right and the right of the road, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the defendant neglected this and, by his negligence in violation of the signal, took the victim E (the 58 years of age) from the right side of the opposite side of the bus to the right side of the crosswalk in accordance with the pedestrian pedestrian signals from the right side of the opposite side of the bus and moved the victim E (the 58 years of age) into the front side of the bus, and served as the front wheels of the bus.

Ultimately, the Defendant caused the death of the victim by cerebrovassis at the site by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A traffic accident report;

1. A corpse autopsy (E);

1. Protocol and photograph of postmortem examination;

1. Application of the Acts and subordinate statutes concerning the closure of each black stuff image data, photographs and field photographs;

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 258 of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order and Article 59 of the Act on Probation, etc. is committed by the following: (a) the crime of this case on the grounds of sentencing, according to pedestrian signals, is committed by the Defendant’s use of a bus in which the Defendant was driving on the crosswalk, leading the victim to the death of the victim and leading the victim to the death; and (b) the occurrence of the