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(영문) 광주지방법원 2017.09.14 2017고단2974

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of 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 bus B.

On April 1, 2017, the Defendant driven the above bus around 14:05, and driven the front road of the “D” located in Gwangju Nam-gu, Nam-gu, Seoul, along the four-lanes from the breadth to the intersection of the open-line from the breadth to the breadth of the four-lanes at the speed of 47km.

At the same time, there was a crosswalk on which signal lights are installed, so the Defendant engaged in driving service had a duty of care to check whether there is a person to walk the crosswalk by sufficiently reducing the speed and properly checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the safe operation of the steering and the system to stop the accident in advance.

Nevertheless, the Defendant neglected this and got off the victim E (the 73 years old) who was crossing the right side from the left side without completing the crossing even though the signal was changed in red color by entering the crosswalk immediately before the signal was changed from green due to negligence, which was progress as it was, and went out to the road, by taking up the damaged person on the front part of the bus driven by the Defendant.

Ultimately, the Defendant caused the victim to die by occupational negligence on the same day at the G hospital emergency room located in the Nam-gu Seoul metropolitan area, Nam-gu around 15:07.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Camer of an accident;

1. The actual investigation report on traffic accidents;

1. Evidence photographs at the scene of the accident;

1. A map at the scene of an accident;

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

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 reason for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant's criminal liability is not minor, but the defendant's criminal liability is against the crime, and the vehicle of the defendant's driving is subscribed to mutual aid.