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(영문) 부산지방법원 서부지원 2018.03.27 2017고단2069
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of buses C.

On November 2, 2017, the Defendant driven a above bus around 05:20 on November 2, 2017, and proceeds three lanes in front of the three-lane road in the front of the boarding intersection located in Seocheon-dong, Busan, Busan. On the crosswalk, the Defendant became a pedestrian signal in the direction of Taecheon-ro, Doz.

At the same time, a crosswalk with signal lights is installed, and it is impossible to make an intern, so in such a case, a person engaged in driving duty has a duty of care to prevent an accident by safely driving a pedestrian in accordance with the signals and signals.

Nevertheless, the Defendant neglected to do so and proceeded with a full-time, and walked along the crosswalk in the direction of the LG electronic building in the direction of the church in accordance with the pedestrian signals, and did not find out the victim DNA (75 years old) who exceeded the crosswalk due to the above bus and crossed the road on the road, and received the victim as the front front wheels of the bus driver's seat.

As a result, the Defendant caused the death of the victim due to high scarcity damage, etc. in the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each investigation report and reports on the occurrence of traffic accidents;

1. Inquiry into the ledger of driver's licenses and residents;

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;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. The Defendant who was sentenced to sentence is an illegal intern near the crosswalk, and the victim died due to the instant accident.

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