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(영문) 광주지방법원 2014.09.23 2014고단2817
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

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

Reasons

Punishment of the crime

The defendant is engaged in driving of a D-city bus belonging to the Hamp Transport.

On April 29, 2014, the Defendant driven the above bus at around 07:35, the Defendant stopped for pedestrian signal in the vicinity of the crosswalk installed in the vicinity of the stop line, while driving one-lane of the eight-lane front of the luminous terminal parking lot located in Gwangju Seo-gu to the northwest of the Abandoned Motor Vehicle at the direction of the luminous distance. The pedestrian signal was finished.

In this case, the driver of the motor vehicle has a duty of care to check whether there is a pedestrian who has failed to wear the crosswalk during the pedestrian signal and to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and started crossing at the time of green signal of the above crosswalk from the right side of the defendant's right side of the horse, but continued to cross the above crosswalk after changing from the red signal to the left side of the above crosswalk, and continued to cross the body side of the victim E (n.e., the age of 83) to the front part of the above bus, leading the victim to the right side of the victim's right side side of the above bus to the front side of the above bus, and leading the victim to the victim's death due to the chest and the escape from the mouth.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the photograph of a traffic accident;

1. Application of Acts and subordinate statutes concerning autopsys;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. cause a traffic accident by negligence, resulting in the death of the victim, and the location of the accident in this case is the crosswalk.

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