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(영문) 서울남부지방법원 2014.07.18 2014고단1978
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a bus engineer belonging to reinforced transportation who is engaged in driving C(88) buses.

On April 29, 2014, the Defendant driven the above bus on April 10:14, and driven the road of four-lanes in front of the bus stops located in 649 at the airport of Gangseo-gu Seoul, Gangseo-gu, Seoul, in accordance with the exclusive bus lanes of about 40km each hour from the artificial width side to the intersection.

At the time, the surface was milch due to the expenses, and there was a lot of passage for people by linking the subway station with the bus stops, so the driver of the motor vehicle had a duty of care to look at the front and right side of the motor vehicle well and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and found the victim D (year 75) who was crossing the road without permission from the right side of the defendant's proceeding to the left side by his negligence, and applied it to avoid this, but did not avoid it, and had the above victim go beyond the ground as the front part of the bus.

Ultimately, the Defendant caused the death of the victim due to brain damage, etc. at the emergency room attached to the Gancheon-ro, Yangcheon-gu, Seoul Special Metropolitan City University, where the victim was under the after-sales treatment around 13:40 on April 29, 2014 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, field map, etc.;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommending punishment] general traffic accidents in the category II (the death of traffic accidents), the special mitigation area (two to ten months) (the special mitigation area) (the victim is also negligent in the occurrence of traffic accidents or the expansion of damage.

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