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(영문) 서울서부지방법원 2017.04.20 2017고단621
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The Defendant is a driver of the passenger belonging to the limited partnership company, who is engaged in driving of a bus in fishing to D New Schlage.

On February 23, 2017, the Defendant driven the above bus on February 23, 2017, and led to bypassing the two-lane road in front of Eunpyeong-gu Seoul E in front of the Gumb by two-lanes from the old wave outflow to the long speed of about 15km in Si speed depending on the two-lanes.

Since the location is a private-distance intersection with a signal apparatus immediately after the right-hand side, a person engaged in driving service has a duty of care to check whether there is a person to walk the crosswalk by reducing the speed and by properly examining the right-hand side and the right-hand side.

Nevertheless, the Defendant neglected this and failed to find out the victim F (F) who was a victim of the road to walk on the left side of the road in line with the crosswalk to the left side of the Defendant’s running direction without finding out the victim F (F, 40 years of age) from the right side of the road, and caused the damaged person to go beyond the road by shocking the damaged person to the front side of the Defendant’s driving, and the victim’s head was placed in front of the bus left side without immediately stopping.

In the end, the Defendant caused the death of the injured in the above occupational negligence, namely, the two colonies and booms.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of inspection;

1. Application of Acts and subordinate statutes governing crime prevention CCTV images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of the recommended punishment according to the sentencing guidelines] O general traffic accident No. 2 (Death, etc. by traffic accident) in the basic area (including eight to two years) / When illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching, is serious (the decision of sentence).

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