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(영문) 청주지방법원 2017.07.25 2017고단371
교통사고처리특례법위반(치사)
Text

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

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 is engaged in driving a bus B.

On January 22, 2017, the Defendant driven a bus at around 21:40, and moved to a right-hand line before the entrance of a bus terminal located in the Heung-gu Pung-gu Pung-gu Pung-si, Chungcheongnam-gu. The Defendant moved to a right-hand line from the bank of the bus terminal located in the Heung-gu, Chungcheongnam-gu.

At that time, the location is where crosswalks are installed, and in such cases, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by checking the speed of the motor vehicle and temporarily stopping the motor vehicle, thereby checking the passage of pedestrians, and by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected the victim C (18 tax) who walked along a marina due to negligence bypassing it, was shocked to the front right of the bus driving of the Defendant, and turned over the floor with the rear wheels of the bus.

Ultimately, the Defendant’s negligence on January 22, 2017 due to the foregoing occupational negligence caused the death of the victim at the hospital of the Chungcheongnam-gu University located in 776, Seocho-gu, Seowon-gu, Seowon-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A survey report on the actual condition, a vehicle photograph of an accident, or an accident scene photograph;

1. CCTV images;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Traffic Accident No. 2 (Death by Traffic Accidents) [4 months to 1 year] Reduction Area (including special mitigation factors] Punishment Non (including serious efforts to recover damage], while the victim died, the defendant's mistake is depth.

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