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(영문) 서울서부지방법원 2017.02.16 2016고단4066
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a D-T bus as a duty.

On June 8, 2016, the Defendant driven the above bus around 09:30 on June 8, 2016, and proceeding the front road of the 15 Sung-ro, Jongno-gu, Seoul, Sung Pung-ro, 15 Sung-ro, toward the 21km from the private distance of the Sungpung University, went to the Sungpung University, and came to turn to the left in the right direction of the Sungpung University.

Since a university with heavy pedestrian traffic is in front of the door, there was a duty of care to reduce the speed in advance to a person engaged in driving of a motor vehicle, to properly see the right and the right and the right of the motor vehicle, and to accurately manipulate the steering and the system of the motor vehicle, and to prevent the accident from occurring.

Nevertheless, the defendant did not turn to the left without reducing speed and did not discover the victim E (V) who crosses the road to the right side from the left side of the Mapung University due to the negligence that took place in the direction of the Mapung University, but did not discover the victim E (V) who crosses the road to the right side, and turned to the ground with the front part of the bus above the ground.

Defendant continued to hear the sound of the collision between the bus and the victim and the victim, but continued without immediately stopping it, and the victim was placed in order with the front wheels and the rear wheels of the bus.

Ultimately, on June 8, 2016, the Defendant: (a) caused the victim’s death in the above occupational field and the room, such as low-blood shock, and explosion in the patient care room at the F Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A traffic accident analysis report;

1. Photographss and CCTV caps;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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