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(영문) 서울서부지방법원 2020.12.10 2020고단2850
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 running a city bus B.

On June 17, 2020, the Defendant driven the above bus on June 12:21, 2020, and driven the front road of Eunpyeong-gu Seoul Metropolitan Government C along the one-lane, which is an exclusive bus road in the direction of the innovation wave distance, in the direction of the non-economic distance.

At the time, the Defendant’s bus was changed from red to green at the time of entrance to the stop line of the crosswalk, and the two-lane and three-lanes did not yet start after stopping in the signal signal atmosphere, so there was a duty of care to prevent accidents by safely manipulatinging the direction and left and right of the road and safely manipulating the steering and brake system.

Nevertheless, although the defendant neglected this at a speed or while continuing to proceed at the same speed without examining the surrounding areas, and the signal was changed due to the failure to cut off the crosswalks for pedestrians, he got the victim D (74 years old) who was standing on the left side of the bus direction of the defendant to go beyond the road by taking the front side of the bus of the defendant.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at Jongno-gu Seoul University, Jongno-gu, Seoul University on June 17, 2020, which was 101, caused the death of the victim due to brain damage.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of a death diagnosis report of the defendant's legal statement;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act provides that the deceased’s negligence is large and join a mutual aid association, and the victim is the victim after prosecution.

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