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(영문) 서울북부지방법원 2016.04.28 2016고단275
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a D bus.

On December 12, 2015, the Defendant driven the above bus around 07:05 and proceeded along one lane, which is an exclusive bus-only one-lane in the Dong-dong market, from the basin where he raised three-lanes in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

In this case, the victim FF(44) had a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle while living well on the front side and the right side of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to do so, and due to the negligence that caused the above victim to be negligent, received the front part of the Defendant’s driving vehicle.

Ultimately, at around 09:41 on the same day as above, the defendant had caused a victim who was under after-the-job treatment at the Seongbuk-gu Medical Center Hospital located in Seongbuk-gu Seoul Metropolitan Government due to the above occupational negligence by blood ples and chronic death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the scope of recommendations according to the sentencing guidelines for transport crimes with reasons for sentencing under Article 62-2 of the Criminal Act, the scope of recommendations and the standards for the suspension of execution, the fact that the accused has no criminal records of suspended execution or more, and the fact that the bus driven by the

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