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(영문) 대구지방법원 2016.04.07 2015고단6389
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving B buses owned by Youngcheon Traffic Co., Ltd.

On October 16, 2015, the Defendant was driving a bus around 18:35, and the Defendant proceeded in the direction of viewing distance from the direction of the central police box along the two-lanes near the D front crosswalk located in Yongcheon-si, Youngcheon-si.

Since a crosswalk is installed at a front door, in such a case, the driver of a motor vehicle has the duty of care to safely drive the steering by checking whether there is any person who gets on the way to reduce the speed and by properly examining the right and the right and the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the Defendant received respectively the body of the Victim E (A, 34 years old) and the Victim F (P, 4 years old), who was standing the crosswalk in front of the bus.

Accordingly, the Defendant caused the victim E to die due to the foregoing occupational negligence on the 17th day of the same month, and around 00:22, Daegu-gu University Hospital located in Nam-gu, Daegu-gu, 170, caused the death of brain livers, etc., and suffered injury to the victim G (60 years of age) that requires approximately 8 weeks of treatment to the victim F, and injury to the victim G (60 years of age) that requires approximately 3 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to G and H;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates and medical certificates;

1. Article 3(1) and the proviso of Article 3(2)6 of the Act on Special Cases Concerning the Handling of Traffic Accidents under the pertinent Act, and Article 268 of the Criminal Act (the occupational and practical injury, and each occupational and practical injury) (the driver of a vehicle violates the duty to protect pedestrians in a crosswalk under Article 27(1) of the Road Traffic Act, and if the result of the bodily injury occurs, the driver’s act falls under Article 3(2) proviso of the Act on Special Cases Concerning the Management of Traffic Accidents and the crosswalk at this time.

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