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(영문) 전주지방법원 2015.11.10 2015고단1479
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of a D bus owned by the high-speed of South and North Korea.

On June 25, 2015, the Defendant driven the above bus on June 22 and 00, and continued to drive the F-type F-type and the front road in Seojin-gu Seoul Metropolitan City E from the open area of the hospital open to North Korea, along the three-lanes of the two-lanes of the two-lanes.

Since a crosswalk without signal apparatus is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to see well the right and the right and the right of the road, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded on the left side of the bus running along as it is, with due negligence, shocked the right side of the victim G(64 years old) into the front part of the bus right side.

Ultimately, the Defendant caused the victim's death by occupational negligence in the above 22:52 day, which caused the death of the victim due to the multiple trauma damage during the transfer to a hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, sites, and photographs of dead bodies;

1. Application of Acts and subordinate statutes concerning autopsys;

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 selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing under the following) of the suspended sentence (the scope of recommendation) (the range of punishment) general traffic accidents in category 2 (the death of traffic accidents), the mitigation area (the period between April and October), the mitigation area (the special mitigation area): April-10 (the decision of sentence): April-10) (the decision of sentence] - the gross negligence (the violation of the duty to protect pedestrians at crosswalks) serious under the proviso of Article 3(2) of the Special School Act (the violation of the duty to protect pedestrians), the occurrence of serious results (the death) favorable to the defendant: the above mitigation area;

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