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(영문) 의정부지방법원 2018.04.27 2017고단5588
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of B New Zealand bus (46 passengers).

On April 23, 2017, the Defendant driven the above bus on April 18:09, and proceeding the front road in front of the Dongbcheon-si to the tri-distance of the Bobsan-dong community service center, while proceeding to the tri-distance of the Bobsan-dong community service center, and coming to the tri-distance of the Bobsan-do public square, making it right bypass to the 2 association door at the speed of about 30 kilometers

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering system, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to take part in the direction of the Defendant’s course from the right side of the crosswalk to the left side by his negligence, and received the body length of the victim D (51 Sari and alian nationality) in front of the Defendant’s bus.

Ultimately, the Defendant’s occupational negligence caused the death of the said victim at F Hospital located in Speaker-si E around April 24, 2017 due to the Plaintiff’s low blood transfusion by blocking the said victim from the light.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to the CCTV image verification result;

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 on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attending, which resulted in the death of a victim crossinging a crosswalk while by driving a bus of 46 passengers. As such, the Defendant committed the crime of this case even though he had the past record of punishment by causing the injury of a person due to negligence during driving, and thus, there is a high possibility of criticism due to recidivism.

another.

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