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(영문) 의정부지방법원 2013.09.27 2013고단2063
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a person who is engaged in the operation of a route bus of D Co., Ltd.

On April 26, 2013, the Defendant driven the above bus on April 20:55, and, at around 40 km-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, Gicheon-gun, the three-lane roads in front of the Gisung Ginseng Association, which are acting as an agent, proceeded at about 40 km in speed from the

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and proceeded as it was, while disregarding that the front signal, etc. was changed to the stop signal, and the victim F (33 years old) who dried the above crosswalk from the right side to the left side in accordance with the Mad pedestrian signals, was in front of the above bus.

Ultimately, the Defendant caused the death of the said victim due to brain injury, etc. at around 21:13 on the same day by occupational negligence, and at the same time, the Defendant suffered injury to the said victim G (the said bus passengers at about 59 years of age), such as cerebral lein, etc. requiring medical treatment for about 3 weeks, and injury to the victim H (the 53 years of age), such as dump, tension, etc., for about 2 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. The actual condition survey report;

1. A photograph of a CCTV image data closure;

1. Photographs of the accident site;

1. A corpse inspection report;

1. Protocol of inspection;

1. A corpse photograph;

1. Application of each medical certificate (H and G) statute;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. In that the young victim who served as an officer due to the negligence of the defendant under Article 62(1) of the Criminal Act is liable for the death of the young victim with his wife and her mother, but the defendant is not liable.

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