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(영문) 서울북부지방법원 2017.05.18 2017고단1030
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 village bus in C.

On December 10, 2016, the Defendant driven the above bus around 23:03 on December 10, 2016, and proceeded with the “three dong community service center distances every time” from the 2nd intersection of the month to the 3 Dong community service center.

Since a place is where a signal, etc. is installed, in such cases, it is necessary to confirm whether a person engaged in driving a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the side of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals to prevent the accident in advance.

Nevertheless, the Defendant neglected to turn to the left in violation of the signal and received the front part of the victim D(110cc U.S.) driving 110cc U.S. on the right side of the bus on the left side of the bus driving of the Defendant.

Ultimately, the Defendant caused the above victim’s death due to the above occupational negligence by damaging two parts on the front side of the Dong community service center of 21,05-ro 105, Gangnam-gu, Seoul, Gangnam-gu around 23:20 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions, photographs related to accidents, and death certificate;

1. Application of the Act and subordinate statutes for investigation report (verification of Babbbling and video CDs);

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has occurred by negligence by the defendant in violation of the signal, and the occurrence of the instant accident is considered as unfavorable circumstances, such as the fact that the victim died of the instant accident, the fact that the victim did not reach an agreement with the bereaved family members, and the fact that the defendant recognized the instant crime, and the victim’s violation of the signal is also the occurrence of the instant accident.

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