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(영문) 서울남부지방법원 2018.04.05 2018고단803
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.

Reasons

Punishment of the crime

On January 10, 2018, the Defendant driven a village bus around 20:27, and opened the front of the private street intersection in front of Guro-gu Seoul Metropolitan Government, and proceeded along the two-lanes from the 1st Sti-distance off to the eti-distance off, and stopped at the bus stops to get off passengers, and reported the green passing signal to the intersection.

In such cases, the defendant engaged in bus driving has a duty of care to prevent accidents in advance by driving safely by taking into account the traffic conditions on the front side and right side and the movement of pedestrians.

Nevertheless, the defendant neglected this and went off from the bus of the defendant who started due to the negligence of the defendant, and followed the victim E (n.e., the 79 years old) who intends to cross-section from the right side of the bus to the left side of the bus to cross-section from the front side of the bus.

Accordingly, the defendant caused the victim's death by occupational negligence as a multiple long-term part in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) (2) and the occurrence of a traffic accident;

1. Blucs cambling CD images;

1. Application of Acts and subordinate statutes to death certificates and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the defendant is that he must pay attention to the progress of the passengers as much as the defendant has placed a crosswalk in the vicinity of the location where the defendant stopped. The victim immediately opened a crossing, and thus, he was more serious that he cannot change his life, and the fact that he cannot change his life.

Provided, That the victim shall also be the straight line of the vehicle.

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