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(영문) 서울북부지방법원 2016.08.11 2016고단1963
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 the operation of a bus in fishing in D New Airport.

On February 11, 2016, the Defendant driven the above bus around 22:34, and driven the four-lane road in front of Jongno-gu Seoul, Jongno-gu, Seoul along the intersection, along the two-lanes from the breadth to the breadth of the intersection, the Defendant proceeded at approximately 60km in speed, according to the three-lanes.

At night, there are many migratory population at the time, and many buses have stopped on the four-lanes of the above road, so there were duty of care to check whether a person engaged in driving of a motor vehicle is a person to reduce speed and to see the road well, and to prevent accidents in advance by driving the motor vehicle safely.

Nevertheless, the Defendant, by negligence, found the Victim F (W, 26 years old) who was unauthorized to the left side from the right side of the proceeding direction due to the negligence of neglecting the duty of the front-way, was immediately driven by using the hand to the left side to avoid this. However, the Defendant did not avoid the situation, but did not go beyond the ground by receiving the victim from the front-hander of the bus of the Defendant, and did not go beyond the ground.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim due to the cardio-cerebral cerebral cerebral cerebral cerebral cerebral Bribery in Seoul, Jung-gu, Seoul, on February 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The actual investigation report on traffic accidents;

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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The instant accident occurred due to the victim's unauthorized crossing. At the time, the Defendant could not predict the victim's unauthorized crossing. Thus, the instant accident occurred.

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