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(영문) 전주지방법원 군산지원 2020.07.22 2020고단432

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

Reasons

Punishment of the crime

The defendant, as a driver of route C bus belonging to corporation B, was engaged in driving D Hyundai Urban Bus, and on March 4, 2020, around 16:12, the 165 U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing speed and by properly examining the front side and the right and the right.

Nevertheless, the defendant neglected this and failed to find out the victim E (the age of 86) who was a victim E (the age of 86) with left side from the right side of the direction of the defendant's proceeding due to the negligence of bypassing it immediately, and had the victim go beyond the road with the front part of the bus.

At around 19:02 of the same day, the Defendant caused the death of the victim due to cerebral function transfer and acute cardiopulmonary pulmonary resuscitation while receiving treatment from G Hospital located in F in the Hasan-si on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, a evidence site investigation report, a photograph of the accident site, and a death diagnosis report

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In the case of driving service involving the risk of potential loss of human life due to traffic accidents due to sentencing sentencing in Article 62-2 of the Social Service Order Criminal Act, the duty of care to observe the Road Traffic Act and to prevent accidents from occurring at any time cannot be emphasized.

The victim who dried the crosswalk due to the traffic accident in this case caused by the defendant's care.