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(영문) 서울중앙지방법원 2020.10.23 2020고단5895
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 who is engaged in driving of a village bus BS090 C.

On January 13, 2020, the Defendant driven the above bus on the front side of Seocho-gu Seoul Metropolitan Government D on January 13, 2020, and proceeded at a speed of about 25 kilometers per hour at a speed of 1,000 square meters from the E-middle bank surface in F.

However, a crosswalk without signal lights are installed on the front side of the road, and in the right side of the road, the victim G (Woo, 53 years old) is driving a bicycle on the same side as the Defendant's bus, and thus, the Defendant engaged in driving of the motor vehicle has the duty of care to safely proceed after checking whether there is a person who gets a crosswalk by reducing the speed prior to entering the crosswalk and by properly examining the left and right side.

Nevertheless, the Defendant neglected this and discovered the victim's late to walk a bicycle along the crosswalk due to negligence, and received the victim's left part of the front part of the bus and got the victim to go beyond the road.

Ultimately, the Defendant caused the death of the victim at the I Hospital located in Gangnam-gu Seoul Metropolitan Government on January 14, 2020 due to such occupational negligence.

Summary of Evidence

1. As a result of the Defendant’s legal statement reproduction and viewing of CDs, the Defendant’s legal statement made by the police officer against J, a survey report on actual condition, each accident site photograph, a course photograph, a course photograph, a traffic accident analysis report, a death certificate, a death certificate in the digital operation record analysis, a body photograph, and the application of the statutes on reporting

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 selection of

1. The scope of recommendations according to the sentencing guidelines based on the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a type] The General Traffic Accident Prevention Board [Type 2] the mitigation element of traffic accident (special-speed person] mitigation element: The mitigation area of punishment [the recommendation area and recommendation range] mitigation area and the imprisonment without prison labor for April to one year.

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