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(영문) 수원지방법원 안양지원 2014.10.16 2014고단1316
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 February 25, 2014, the Defendant driven a route bus No. C 441, around 04:57, and moved to the right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right

However, there is a crosswalk on the right side of the road where a signal, etc. is installed, so in such a case, the person engaged in driving service has a duty of care to safely drive by checking whether there is a person who gets on the right side of the road and checking the signal, etc. of the crosswalk, while checking the right and the right and the right of the road.

Nevertheless, the Defendant neglected the above duty of care and neglected to find out the victim D(71) who cross the crosswalk from the left side to the right side according to the pedestrian signal, and went beyond the road due to the front side of the Defendant's bus.

Ultimately, at around 07:30 on June 16, 2014, the Defendant: (a) caused the victim’s death by an occupational negligence as above; (b) caused the death of the victim due to pulmonary fluoral surgery at the Gaegi Hospital of the Galim University.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Signal frequency table;

1. A copy of a death diagnosis report, emergency medical service log, or clinical records of an emergency medical center;

1. Application of Acts and subordinate statutes by capturing each photograph, CCTV image data of buses;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommending punishment: In the area of mitigation (from April to October) of Type II (Death resulting from Traffic Accidents) of a general traffic accident between April and October of a credit cooperative, a person who is subject to special mitigation: A person not subject to punishment (including serious efforts to recover damage);

2. The accused who has rendered a sentence shall cause a traffic accident and pedestrians.

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