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(영문) 의정부지방법원 2018.06.22 2018고단1423

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for a period of one year and two months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in three city bus driving services.

On January 29, 2018, the Defendant driven a bus at around 23:40 on the 29th day of each week, driving the four-lane road in front of each city at the two-way, at the speed of about 70 km from the parallel apartment to the heat-driven power plant at the speed of about 70 km per hour, and entered the intersection located on the front side.

At the time, the signal at the front and front intersection was yellow and flickering, so in such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by checking that the driver of the motor vehicle is able to take care of other traffic prior to entering the intersection and is not able to easily report the left and right traffic situation.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded without examining the speed and without properly examining the traffic situation on the left, the part adjacent to the right side of the FST7 car driven by the victim E (32 ) who entered the intersection from the left side of the direction to the right side of the Defendant’s moving into the intersection was received as the front side of the Defendant’s bus.

Ultimately, the Defendant caused the death of the victim in his/her workplace due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. A corpse death certificate;

1. Response to a request for appraisal;

1. An accident scene photograph;

1. Photographss, etc. of CCTV images by capturing them;

1. Application of Acts and subordinate statutes to photographs of victims;

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 on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons obliged to provide community service and attend lectures is being driven by a victim who first enters the intersection by taking into account the situation of traffic on and off the right at the intersection where a yellow signal is on and off.