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(영문) 의정부지방법원 2014.04.10 2013고단4198
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person employed by C and engaged in driving a D metropolitan bus.

On September 23, 2013, the Defendant driven the above bus around 14:40 on September 23, 2013, and led to a two-lane road in the front of the Jando-Eup, Maan apartment in the South-do, Chungcheongnam-do., the Defendant, along two-lanes, proceeded at a speed of about 10km from the side of the office of the Daegu-do-Eup to the Saman High School.

At the same time, the crosswalk was installed on the front door, and the defendant was stopped at the bus stop installed on the two-lane and left after getting off passengers, so the driver of the motor vehicle was obliged to take the front door and the right of the front door to the driver of the motor vehicle and to safely check whether there is no pedestrian crossing the bus in the future, and to prevent the accident in advance.

Nevertheless, the Defendant neglected the above duty of care and tried to look at only whether there is a vehicle approaching the port side through the left side through the left side, and did not find out the victim E (the 72 years old) crossing the crosswalk from the right side of the road on the right side of the bend of the bend of the bend of the instant bus, and the victim e (the 72 years old) went beyond the floor by shocking the victim, and led the victim to go beyond the upper side of the said bus.

On September 23, 2013, the Defendant caused the death of the victim due to her occupational negligence, while receiving medical treatment from the F Hospital on September 23, 2013.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. A death diagnosis report, a traffic accident actual investigation report, and a postmortem examination report;

1. Application of Acts and subordinate statutes to the results of an accident site photograph, CD reproduction and viewing;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of type) of the Act on the Suspension of Execution, general traffic accidents (the death of a traffic accident by a special person): The victim shall take the crosswalk at the pedestrian stop signal.

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