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(영문) 울산지방법원 2018.08.17 2018고단976
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaged in urban bus driving service B.

On September 14, 2017, the Defendant driven the above bus on September 13:37, 2017, and led the intersection in front of the D defense line located in Ulsan-gu, Ulsan-gu, to the F market from the right side of the E University.

Since there is an intersection in which crosswalks are installed, there was a duty of care to safely drive a motor vehicle by checking whether a person engaged in driving the motor vehicle is at a speed, is able to live well on the front side and the left side, and whether a person is a person.

Nevertheless, the Defendant neglected this and went beyond the head part of the victim G (V, 45 years old) who dried the crosswalk from the left side of the bus to the right side of the bus due to the negligence of driving the bus as it is.

Ultimately, at around September 16, 2017, at the I Hospital located in Ulsan-dong, Ulsan-gu H around 16:35 on September 16, 2017 due to the above occupational negligence, the Defendant caused the death of the victim from her external wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. The investigation report (the sequence 8 in list of evidence);

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes of each photograph (the list Nos. 3, 9, 15)

1. The reason for sentencing of Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268(s) of the Criminal Act [the scope of the recommended punishment according to the sentencing guidelines] No person subject to special sentencing in the basic area (8 to 2 years) of the type 2 (the death of a traffic accident) (the scope of the recommended punishment according to the sentencing guidelines] of the Act on Special Cases Concerning the Crime: (a) there is no person who is a driver of the instant case (the sentencing decision] (the Defendant, who is an urban bus driver, was a driver of the instant case while driving a bus in the daytime while driving the bus in the daytime and driving the bus at the front of the road, but the road was set up at the front of the road, even if the driver was installed at the crosswalk, the victim was a victim who was standing the crosswalk

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