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(영문) 서울서부지방법원 2016.10.18 2016고단2033
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaging in driving a village bus.

On May 23, 2016, the Defendant driven the above vehicle at around 03:20 on May 23, 2016, and led the front road of Mapo-gu Seoul Metropolitan Government D to the speed of about 63 km in the direction of active service, along the three-lane roads in the direction of active service.

At the time of the new wall time, a bus stop is located on the left side of the road, and a crosswalk is installed on the front side, so in such a case, there was a duty of care to prevent accidents in advance, such as reducing speed, checking whether there is a person driving the vehicle, and safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and found the victim E who crosses the crosswalk on the right side of the road without permission from the defendant to the right side of the road due to negligence, and received the victim in front of the right side of the bus.

Ultimately, the Defendant caused the victim’s death by occupational negligence immediately after the accident.

Summary of Evidence

1. Partial statement of the defendant;

1. One protocol of suspect examination of the police against the defendant and a death certificate;

1. The vehicle, on-site photograph, the body of the victim, on-site photograph, etc.;

1. The speed is as follows: CD (the above image was the night at the time of the accident, the center of the road (the bus stop was located on the road along which the bus exclusive lane was located, and the crosswalk was connected to the bus stop). The victim was crossinged without permission, but the victim was crossinged, there was no obstacle to the Defendant's view in front of the bus on which the Defendant is driving, the Defendant was driving at a somewhat speed exceeding 60 km per hour, and the Defendant was driving at a speed exceeding 60 km per hour.

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