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(영문) 수원지방법원 안양지원 2018.07.13 2017고단796
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 September 26, 2016, the Defendant driven the above bus around 05:36, and proceeded at a speed of about 30km from the north-west distance of the Twit-do located in Sanyang-gu, Manyang-si. D at a speed of about 30km from the side of the Tan Military Fire Station.

At the time, it was difficult for a person engaged in driving service to keep the new wall on the front day, so he/she had a duty of care to prevent accidents in advance by safely driving by taking the front door, left and left well.

Nevertheless, the Defendant neglected to do so and caused the death of the victim F(67) who was moving on the left side from the right side of the Defendant’s vehicle to the left side by taking the front part of the above vehicle, and around January 15:30, 2017, the Defendant caused the death of the victim F(67), which was moving on the left side of the vehicle in Guro-gu Seoul Metropolitan City, by using the acute repulmonary reharm in the H care hospital located in Guro-gu.

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

Summary of Evidence

1. Partial statement of the defendant;

1. City bus boxes and video CDs;

1. A medical certificate;

1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel could not anticipate the unclaimed crossing of the victim without permission and did not commit an occupational breach of duty, and that the relationship between the accident and the death of the victim cannot be recognized.

However, the following circumstances acknowledged by the evidence adopted and examined by this court: (a) the Defendant discovered a victim of unauthorized crossing without permission, starting from the front bank while checking the device part, not the front bank immediately before the occurrence of the accident (see, e.g., e., video of the Defendant’s driver bus); (b) immediately after the accident, the hospital discovered the liverer, embarnes, and the stoves of the stoves; and (c) was suspected of the stoves of the stoves taken at the time eight days after the accident; and (d) the computerized stoves of the stoves taken at the time of the accident are discovered.

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