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(영문) 창원지방법원 진주지원 2018.07.19 2018고단577
교통사고처리특례법위반(치사)
Text

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

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

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of operating a C-country bus.

On March 23, 2018, the Defendant driven the above bus on March 14:05, and proceeded straight ahead of the E hospital in Jinju-si D along the two-lanes between the new hulle and the new hulle.

There is a place where the crosswalk is installed, and the crosswalk F (81) is crossing the above above the crosswalk to the right side on the left side of the defendant's running direction, so in such a case, the driver of the motor vehicle has a duty of care to temporarily stop in front of the crosswalk and not to obstruct or endanger pedestrian traffic.

Nevertheless, the defendant neglected this and found the victim late by his negligence, and did not move to the right side of the bus, and caused the victim to take the front part of the bus.

Ultimately, the Defendant’s occupational negligence in the same month.

3. On the 27th day of Jinju-si, Jinju-si, Ginnam-ro, 79, caused the death of the injured person at the Gyeong University Hospital due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual condition and photographs related to accidents;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Unfavorable circumstances: Breach of the nature of the crime (in the crosswalks, causing the death of the victim by violating the duty of pedestrian protection), - Circumstances favorable to the victim: The confession of the crime, reflectivity, punishment, purchase of the comprehensive motor vehicle insurance, and criminal records

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