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(영문) 청주지방법원 2020.10.27 2020고단978
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a bus B.

Around 19:30 on April 8, 2020, the Defendant driven the above van, and turned the three-lane road in front of the petition-gu Cheongju City into three-lanes of D Hospital.

At this point, since the signal lights and crosswalks are installed, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right of the road, and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and caused the breakdown of the victim E (ma, 15 years old) who walked along the crosswalk in accordance with the pedestrian signals by negligence in violation of the signal to red signal, and brought the head part of the victim E (ma, 15 years old) into the right side of the vehicle driving.

As a result, the Defendant caused the death of the victim due to the injury to the bodily injury in the workplace from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and the traffic accident analysis report;

1. Application of Acts and subordinate statutes to field photographs, booms photographs, and corpse postmortems;

1. According to the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act’s grounds for sentencing, the Defendant is recognized to have temporarily suspended or failed to reduce the speed of the vehicle even though he/she driven a vehicle in transit through the above crosswalk.

The driver's duty to protect pedestrians in the crosswalk (the duty to temporarily stop in front of the crosswalk and the duty to walk, etc.) shall be imposed on the driver.

On the ground that speed reduction is annoyed, if a temporary suspension is made, it may delay one to two minutes of time, and the act of violation of the duty to protect pedestrians, which is driven at the crosswalk, seriously threaten the safety and life of pedestrians.

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