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(영문) 의정부지방법원 고양지원 2019.03.20 2019고단107
교통사고처리특례법위반(치사)
Text

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

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

The defendant is a person engaging in driving village buses B.

On November 3, 2018, at around 17:05, the Defendant driven the above bus and got out of the exclusive bus lanes in front of the Il-dong, U.S., U.S. and U.S., U.S., U.S., U.S. and U.S., U.S., U.S., U.S., U.S., U.S., U.S.

Since the main road is crossing and traffic signal lights and crosswalks are installed, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes according to the traffic conditions, such as the existence of pedestrians, etc. in the case of the defendant engaged in driving of the motor vehicle.

Nevertheless, the defendant neglected this and neglected to change the signal placed on the defendant's proceeding direction from yellow to red, and due to the negligence of proceeding, the defendant sent the pedestrian signal from the right side of the road to the left side of the road, and the victim C (the age of 18) who has dried the path along the crosswalk, took the victim as the front side of the right side of the bus, and used the victim on the road.

Ultimately, the Defendant committed the same month by occupational negligence as above.

5. At around 16:02, the E Hospital located in U.S. D in the same Sinsan-gu, U.S.-gu, U.S. medical treatment caused the death of the patient due to cerebral livere in accordance with cerebral typhism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. On-site photographs and signal system maps;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to traffic crimes;

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