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(영문) 서울서부지방법원 2013.03.14 2012고단2511
교통사고처리특례법위반
Text

1. The defendant shall be punished by imprisonment without prison labor for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

On September 14, 2012, the Defendant driven the city bus around 11:44, while driving the city bus in Seodaemun-gu Seoul, Seoul, with one lane in front of the bus stops in the independent bus stops located in 2510 in the unification of Seodaemun-gu, Seoul, the Defendant was driving at about 15km in the speed from the right side of the independent door to the speed of 15km.

At the time, the defendant showed that the victim D (V, 71 years old) was on the road side, so there was a duty of care to check and drive the safety while reducing the speed and considering the attitude of the driver.

Nevertheless, the defendant neglected this and found the victim who was unauthorized to cross the road from the right side of the bus running without permission on the left side due to the negligence of driving it, and operated the steering gear to the left side in order to avoid this, and operated it to the left side, but the defendant did not avoid it, but got the victim to go beyond the road, and got the victim to go beyond the road, and imposed the victim's bridge with the rear wheels of the bus.

Ultimately, around September 22, 2012, the Defendant caused the victim to die due to the foregoing occupational negligence due to the multi-life long-term function disorder, etc. at the same Gu E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. Video recording device screen;

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. A criminal record, the execution of which is suspended due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, in compliance with the reason for sentencing under Article 62-2 of the Criminal Act (limited to reasonable circumstances), comprehensive insurance coverage, agreement with the bereaved family members, the degree of negligence of the victim, reflective circumstances

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