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(영문) 서울북부지방법원 2014.01.23 2013고단2808
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a village bus driver under C (State).

On November 5, 2013, at around 04:59, the Defendant driven a village bus in front of 490-32, Jung-gu, Seoul, Jung-gu, Seoul, and driven at a speed of about 60km in the direction of the network distance from the direction of the network margin.

The driver of any motor vehicle is obliged to safely proceed with the signal at a crosswalk where a signal, etc. is installed, and the driver of any motor vehicle has a duty of care to prevent the accident by safely proceeding in accordance with the signal to be instructed.

Nevertheless, the Defendant did not find out the victim E (55 years old) who crosses the road to the left side of the direction of the village bus in question due to the negligence of disregarding the vehicle driving signal, even though it was changed to yellow, and did not find out the road toward the left side, and the Defendant shocked the victim as the front part of the village bus.

On November 5, 2013, at around 06:30 on November 5, 2013, the Defendant caused the death of the victim in the course of treatment due to the diversified injury from G Hospital located in Dongdaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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. Article 62 (1) of the Criminal Act;

1. The details and results of the crime indicated in the reasoning of sentencing under Article 62-2 of the Social Service Order Act, the following factors shall be considered: (a) all elements of sentencing indicated in the argument of the instant case, including the circumstances before and after the crime; (b) the age, health status, and the environment; and (c) the crossing of the victim before the change into pedestrian signal is made; and (d)

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