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(영문) 서울북부지방법원 2016.11.22 2016고단3870
교통사고처리특례법위반(치사)
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 three 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 bus in the case of fishing between B and B.

On August 8, 2016, the Defendant driven the above bus at around 08:40, and proceeded at about 20km from the west-gu Seoul Metropolitan Government, along the three-lane parallel parallel parallel parallel parallel parallel distance from the west-gu to the west parallel parallel parallel parallel parallel parallel.

Since there are crosswalks where signal lights are installed on the front door, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a right to reduce the speed for the person engaged in driving the motor vehicle, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim E (in this case, 51 years old) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the victim E (in this case, 51 years old) due to the negligence of the sudden change of the signal to the stop signal, and did not avoid it, and did not go to the right side of the victim's bus.

Ultimately, the Defendant caused the death of a victim by occupational negligence at G Hospital located in F in the Jung-gu Seoul Metropolitan Government, which was receiving a follow-up treatment at around 12:45 on August 9, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A traffic accident report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Consideration, such as the scope of recommendation and suspension of execution according to the sentencing guidelines for traffic crimes with reason of sentencing under Article 62 (1) of the Criminal Act, the scope of recommendation and suspension of execution, the fact that the accused does not have any criminal power, the vehicle driven by the accused is affiliated with the bus mutual aid association, and the accused does not want the punishment of the accused separately by agreement with the

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