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(영문) 수원지방법원 2013.10.30 2013고단1681
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

The defendant is a person who is engaged in driving C tourist buses.

On December 26, 2012, the Defendant driven the above bus on December 18:45, 2012, while proceeding bypassing the intersection in front of the long-term road located in the northwest-gu, Suwon-gu, Suwon-si toward the right-hand direction from the west door bank. The Defendant, without properly examining the front-way bank, attacked the victim D (n, 78 years old) with the part of the victim who dried the crosswalk by using the pedestrian aids, due to the occupational negligence of driving the crosswalk in violation of the new subparagraph, and due to the driver’s negligence, using the pedestrian aids.

Ultimately, at around 21:20 on the same day, the Defendant caused the victim's death by the above occupational negligence, from the F Hospital located in Yeongdeungpo-gu E in Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Statement of the police statement related H;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( comprehensively considering all circumstances, such as confession, reflectivity, the agreement with the bereaved family members of the victim, and the initial crime);

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