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(영문) 서울동부지방법원 2014.09.25 2014고단2060
교통사고처리특례법위반
Text

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

except that 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

On May 11, 2014, the Defendant, who is engaged in the operation of C, was driving the bus at around 22:30 on May 11, 201, while driving the bus at around 453 lanes in front of the 453-lane as Seoul Songpa-gu, Songpa-gu, with one-lane (only bus lanes) from the locked to the tin station distance.

At the same time, there was a pedestrian crossing installed at night, and therefore, in such a case, there was a duty of care to safely drive the brakes to prevent accidents in advance by safely driving them, such as checking whether there is a person who gets on a road by reducing speed and properly checking the right and the right and the right of the driver.

Nevertheless, by negligence, the Defendant neglected this and proceeded without examining the front side, found the victim D (the age of 63) who dried the crosswalk at the right side from the left side of the course to the right side of the road with the pedestrian signal being red, delayed to find out the victim D (the age of 63) who opened the crosswalk, and operated the stop, but did not avoid it, and received the victim as the front side of the bus.

Ultimately, on May 14, 2014, the Defendant caused the death of the victim due to the above occupational negligence, such as cerebral typosis and salivopia, while being receiving medical treatment at the patient care room in the Seoul Southern Hospital located in Gangnam-gu Seoul, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident, a traffic accident, a postmortem report, and a black image;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. 집행유예 형법 제62조 제1항 양형의 이유 o 법률상 처단형의 범위 : 금고 5년 이하 o 양형기준상 권고형의 범위 : 금고 4월∽10월 [교통범죄군, 일반 교통사고, 제1유형(교통사고 치사), 감경영역(감경요소:...

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