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(영문) 서울동부지방법원 2013.05.22 2013고단657
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten 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

On January 19, 2013, the Defendant is a person who is engaged in driving of C New Airport bus (hereinafter referred to as “city bus”), and operated a city bus around 23:30 on January 19, 2013, the Defendant moved to the front of the 695 Gangwon-gu Gangdong-gu Seoul, Gangdong-gu, Seoul, along with a ten-lane 10-lane from the west-gu, Seonam-si, Seonam-si, the front of the 695 Gangwon-do, Gangdong-gu, Seoul, along with a three-lane 10-lane, at a speed of about 22 km.

At the time, since it is night and near the intersection, the driver of the vehicle has a duty of care to check the right side and the right side before reducing speed and bypassing the right side of the vehicle, and then make a right-hand, despite the fact that there is a duty of care to make a right-hand, the defendant neglected to do so, while neglecting it, sees the bicycle driven by the victim D (the age of 61) who was driving a bicycle on the right-hand side of the city bus to the right-hand side of the city bus with the front part of the city bus, and caused the victim to face the head part of the victim on the floor of the road while going beyond the bicycle with the bicycle.

At around 16:07 on January 20, 2013, the Defendant caused the death of the victim due to the above occupational negligence with severe cerebral cerebralop and cerebral cerebral ma in Dongdaemun-gu Seoul E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report, internal investigation report (CCTV analysis result), and investigation report (speed of accident buses);

1. Application of Acts and subordinate statutes to a death diagnosis report and a written autopsy and appraisal 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. Although there is no agreement with the bereaved family members in the reason of sentencing under Article 62(1) of the Criminal Act, the defendant deposited 12 million won for the bereaved family members, the defendant's vehicle is covered by a comprehensive insurance and thus the victim and the bereaved family members are compensated for damage.

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