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(영문) 수원지방법원 안산지원 2018.03.21 2018고단330
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA bus.

On November 9, 2017, the Defendant driven the above bus around 18:20 on November 18, 2017, and proceeded the exclusive bus lane between five lanes in the front of Songpa-gu Seoul E, Songpa-do with about 48km in speed from the long distance of tin to the long distance of wave.

The bus stops are installed at the center, and the unauthorized crossing of the passengers using buses is frequent. In such a case, the driver of the vehicle has a duty of care to take into account the traffic situation well and to prevent accidents by accurately manipulating the steering system, brakes and other devices of the vehicle.

Nevertheless, due to the negligence of neglecting the front city, the defendant found the victim F crossing the road at late from the right side of the defendant's moving direction to the left side of the pedestrian signal to be the left side of the road and operated the road rapidly. However, the defendant did not avoid the situation, and had the victim go beyond the road by receiving the victim from the front part of the bus of the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by the flusium and the flusium from 120-1 (Tunyang-dong) flusium in Gwangjin-gu Seoul Special Metropolitan City, where the victim was being treated for transmission at around November 18:38, 2017, at the flusium hospital of the flusium of the flusium.

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 conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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 (Selection of Imprisonment without prison labor);

1. Article 62(1) of the Act on the Suspension of Execution (a) of the Criminal Act (along with the victim's bereaved family members, payment of KRW 30,00,000, negligence of the victim without permission also causes for the crime of this case, or the defendant's negligence in the vicinity of the bus stops and proceeding at a speed of 48 km away from the bus stops. The accident of this case is the main cause of the accident of this case.

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