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(영문) 전주지방법원 2016.04.19 2016고단51
교통사고처리특례법위반
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 of C urban buses.

On December 4, 2015, the Defendant driven the above bus at around 16:50 on December 16, 2015, and straighted two-lanes in front of the shooting distance of the Anam apartment complex in the direction of the Jeonjin-gu, Seoul, Seoul, along the two-lanes from the direction of the training park to the aftermath elementary school, and led to the right-hand right-hand right-way at the speed of about 10km in speed to the direction of the above shooting distance.

In this case, the driver of a motor vehicle has a duty of care to keep the signal and safely drive the motor vehicle by checking well the right and the right and the right of the motor vehicle, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and got the victim D (64 years old) to stand the crosswalk from the right side of the course to the left side of the bus in accordance with the pedestrian signals by the negligence of moving it to the right side of the bus, and had the victim D (64 years old) go beyond the front door of the bus, and served the victim's bridge with the front wheels of the bus.

Ultimately, the Defendant caused the death of the victim at the former North Korean University Hospital, which was located in the So-gu Seoul Special Self-Governing Province on December 6, 2015 due to the foregoing occupational negligence, due to damage to the external diversification.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, a survey report on the scene of the accident, and a photograph of the accident vehicle;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] General Traffic Accidents Type 2 (Death by Traffic Accidents) (In April to October), the mitigation area (special mitigation person] [the person who is not subject to punishment] and the scope of comparative sentence between punishment and recommendation: April to October [the sentence].

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