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(영문) 청주지방법원 2016.03.16 2015고단1768
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

On September 1, 2015, the Defendant driven the above bus around 09:38, and sent the signal at the crosswalk stop line in front of the second line of the D cafeteria located in Busan, Daegu, the Defendant started the bus pursuant to the new subparagraph, while waiting in the crosswalk stop line in front of the D cafeteria.

In such cases, a person engaged in driving service has a duty of care to check whether there is a person who can see well the right and the right and the right and the right, and to operate safely.

Nevertheless, the Defendant neglected this and got the victim E (the age of 82) who was crossingd to the road by pushing ahead of the crosswalk with the stop line at the right side of the bus at the time of the completion of the crosswalk signal as it is, however, due to the negligence of proceeding, the Defendant neglected it, and caused the victim to go beyond the road.

Ultimately, on September 30, 2015, the Defendant caused the victim’s death by occupational negligence, resulting in the death of the victim while receiving hospitalized treatment at the Busan High School for Shipping (Seoul High School) located in Busan High School.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. Investigation report ( telephone conversations between the victim's family members);

1. A traffic accident report;

1. A traffic accident report and on-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of carcasses);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: One month to five years of credit cooperatives;

2. Scope of recommended punishment on the sentencing guidelines: Reduction area of mitigation (one month to ten months) in the area of reduction (one month) of the type of traffic accident (the death of a traffic accident) from April to October of the credit cooperative (the type of decision) (the person subject to special sentencing) (including a serious effort to recover damage).

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