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(영문) 서울동부지방법원 2016.01.28 2015고단3687
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 No. 3318.

On November 3, 2015, the Defendant driven the above bus around 13:13 on November 3, 2015, and proceeded at a speed of about 20km at the speed of 10km from the reputation church to the Han Young High School.

At that time, there is a crosswalk in which signal lights are installed on the front door, so there was a duty of care to confirm whether a person engaged in driving service is a person who gets on a road by reducing the speed and checking well the right and the right and the right of the road, and to prevent accidents by driving safely in accordance with traffic signals.

Nevertheless, the Defendant neglected this and got a victim E (78 ) who was standing on the right side of the crosswalk due to the negligence of continuing the vehicle stop signal in violation of the vehicle stop signal. The Defendant received the victim E (78 ) from the right side of the said bus in front of the bus.

Ultimately, the Defendant caused the death of the said victim due to the above occupational negligence by having him/her undergo medical treatment in the emergency room at the Gangseo-dong University Hospital Hospital (Seoul High School Hospital) around 15:05 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on traffic accidents and a survey report on actual condition;

1. A death diagnosis report or postmortem report;

1. Blue video recording and video recording;

1. Each report on investigation;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence on the sentencing guidelines: Traffic crimes from August to June of imprisonment without prison labor : General traffic accidents (type 2) - Where the basic area - Where illegality in the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (fences, crosswalk pedestrian protection duty violation), - Special mitigated person: A person who is not subject to punishment (limited to efforts to recover damage);

2. Determination of sentence;

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