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(영문) 청주지방법원 2018.05.15 2017고단1341
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 of C urban buses.

On March 19, 2017, the Defendant driven the above city bus on March 22:48, 2017, and proceeded with one lane in front of the E-road D, Seo-gu, Seo-gu, Seo-gu, Cheongju-si, as a string-out area from the Gu rocks room.

At night, there was a road at night, where the speed of restriction is 60 km per hour without street lights, and where so, there was a duty of care to check whether a person engaged in driving service is walking on the left side by reducing the speed and properly seeing the right and the right and the right of the road, and to ensure that the person engaged in driving service has a duty of care to safely operate the steering and the system to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and found the victim F ( South and 41 years old) crossing the road in the direction of the road due to occupational negligence proceeding about 75 km speed in speed due to a violation of the speed limit without neglecting it, and then did not go to the left, but did not go to the left side of the city bus, and received the victim as the front side of the city bus.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the Chungcheongnam-do University Hospital located in 776, Seo-gu, Seo-gu, Cheongju-si around March 19, 2017 due to the chest damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, each accident scene photograph, other co-co data, and a traffic accident analysis report;

1. The application of Acts and subordinate statutes on the examination report, photograph of each deceased person, death certificate, and autopsy report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (the maximum degree of imprisonment without prison labor or damage);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the bereaved family members are not subject to punishment under an agreement and reflects it, etc.) or more;

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