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(영문) 의정부지방법원 고양지원 2017.02.03 2016고단3247
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person running a city bus B.

On August 15, 2016, the Defendant driven the above bus at around 22:05, and proceeded with the road of the first line of the D, which is located in C, at the time of the strike, from the front of the C, to the view of the court's private distance.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, the Defendant neglected this and driven the center line to overtake urban buses standing on the front side, and did not properly see the front road, left the crosswalks, and passed the road from the right side to the left side of the victim E (16 years old) with the head and shoulder part of the road crossing the road from the right side.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, which was sent back to the Solsan Hospital located in 170, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 170, and caused the death of the victim due to brain livere in treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report and a death diagnosis report;

1. Application of statutes on site photographs;

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act regarding the order to provide community service and attend a lecture, ought to pay attention to the safety of passengers and pedestrians, and even if he was well aware of the fact that the city bus stops in front of the crosswalk and the passengers are getting out of it at the time, the Defendant’s attempt to overtake the bus on the crosswalk would lead to the death of the victim who was under the age of the bus.

A. The bus of this case

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