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(영문) 서울서부지방법원 2021.03.18 2020고단3429
교통사고처리특례법위반(치사)
Text

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

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 bus operation B.

On June 30, 2020, the Defendant driven the above vehicle at around 5:45 on June 30, 2020, and proceeded two lanes from the three-lane road in the front of Eunpyeong-gu Seoul Metropolitan Government C, to the same three-lane away from the non-wide distance.

At the time, the bus stops and crosswalks are installed at the center of the road, so a person engaged in the driving of a motor vehicle has a duty of care to reduce the speed of 50km/h (20%) more than that of the restriction to the person engaged in the driving of the motor vehicle, to live well, to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to do so and proceeded at approximately 69.6km/h speed, and caused the victim D, who opened the crosswalk from the right side to the left side, to the front part of the Defendant’s bus driving.

Ultimately, at around 6:30 of the above occupational negligence, the Defendant caused the death of the victim due to cerebral cerebrovassis during emergency treatment at E Hospital around 6:30.

Summary of Evidence

1. Reports on legal statements by defendants on traffic accidents;

1. Photographss to cut a black stuffe image;

1. Application of Acts and subordinate statutes to each investigation report (the first unit of death certificate and operation record register);

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] mitigated factors for the death of a traffic accident (special sentencing person]: Where the victim has been negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including the area of recommendation and the scope of the recommended punishment] and the area of special mitigation [the scope of the recommended punishment], and two months through one year.

3. Determination of sentence: Suspension of the execution of imprisonment without prison labor for one year;

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