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(영문) 서울중앙지방법원 2017.03.29 2017고단743
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 driving buses C.

On January 13, 2017, at around 06:30, the Defendant proceeded at a speed of about 30km/h/h of the speed of the front bus exclusive to E, located in Dongjak-gu Seoul Metropolitan Government D, with the air-sections of the street at the flood of the road.

At the time, it was difficult to see the surrounding area due to the new wall time, and there was an intersection where signal apparatus was installed in the front section, so in such a case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to reduce speed and drive the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and failed to discover the victim F (59 years of age) who was crossing the crosswalk in accordance with the pedestrian signals from the right side of the defendant's running direction by negligence in violation of the signal, and did not find the victim F (n, 59 years of age) and got the victim to go beyond the ground by receiving the victim from the front part of the bus.

Ultimately, the Defendant caused the victim to have the above occupational negligence in light of the above 07:57 day after the same day, resulting in the victim's scarcity death in the Seoul Metropolitan Government Bolae Hospital located in 20-ro 5-gil, Dongjak-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of the recommended sentence] General traffic accidents of Type 2 (Death by Traffic Accidents) (Article 8-2) (Article 3(2) proviso (excluding subparagraph 8) of the Criminal Act), the basic area (Article 62(1) (Article 62) (Article 62(2) (Article 3(2) proviso (Article 3(8) of the Act (Article 3(2) of the Act), the case where illegality is serious, or the case of bad driving (Article 62(1) (Article 62(2) proviso (excluding subparagraph 8)

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