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(영문) 서울동부지방법원 2013.10.10 2013고단1990
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in village bus operation.

On July 1, 2013, the Defendant driven the above village bus around 13:30 on July 1, 2013, and led to a three-lane road of 100-418, Seongdong-gu Seoul, Seongdong-gu, Seoul, along the direction of the Road Traffic Authority in the direction of the middle distance.

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 caused the victim D, who crosses the road from the right side of the course to the left side of the village bus, to go beyond the ground by taking the victim D, who crosses the road from the right side of the course to the left side, due to negligence, disregarding that the vehicle progress signal is a stop signal. The defendant got the victim to the right side of the village bus.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the site of multiple prolonged damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to criminal land, a fact-finding survey report, a traffic accident occurrence report, field photograph, photo of the deceased, death diagnosis report, autopsy certificate, autopsy report, and each investigation report (a signal system to cross-sections, a signal system to cross-sections at the scene of the accident, an on-site investigation, and visit of bereaved families);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act, such as the fact that the defendant is divided in depth, that the bereaved family members do not want punishment against the defendant by mutual consent with the victim's bereaved family members, that the victim is also a pedestrian stop signal, that the victim erred in governance

1. Social services and.

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