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(영문) 수원지방법원 성남지원 2013.07.04 2013고단914
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of urban buses C.

At around 13:30 on March 5, 2013, the Defendant continued to run approximately 20 km from the side of the Namsung District Court to the branch of Suwon District Court in the direction of the two-lane from the side of the Namsung District Court.

At this point, there was a crosswalk, so in such a case, there was a duty of care to check whether a person engaged in driving service well sees the front door and the left door, and to prevent the accident in advance.

Nevertheless, while neglecting this, the Defendant neglected it, caused the victim D (the age of 69) who crossed the crosswalk from the left side of the front side of the bus to the right side by his negligence while neglecting it, and caused the victim to go beyond the road, and led the victim to go over about five meters by driving the bus on the front part of the bus.

Ultimately, the Defendant caused the victim's death due to the above occupational negligence by taking care of the F Hospital located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul-si, which was transferred to the F Hospital on March 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Application of Acts and subordinate statutes to the actual survey report;

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. The sentence shall be determined in light of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act is against the defendant; (b) the agreement with the victim’s bereaved family members; and (c) the background of

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