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(영문) 부산지방법원서부지원 2020.08.19 2020고단1068
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 the operation of a bus in the case of fishing between B and B.

At around 23:30 on March 27, 2020, the Defendant driven the bus from the front Dopung-dong, Seo-gu, Busan, to the direction of transmission, and driven the bus at a speed of 40km per hour.

At the same time, a person engaged in driving of a motor vehicle with a crosswalk and a vehicle signal, etc. has a duty of care to safely drive the motor vehicle after checking whether there is a pedestrian for a crosswalk according to the direction of the vehicle signal, etc.

Nevertheless, even though the vehicle signal, etc. is on-and-off by yellow light, the Defendant continuously proceeded to the crosswalk and brought the victim E (ma, 73 years old) who crosses the crosswalk, so that the victim goes beyond the road, and led the victim to the back fishing on the left side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence on March 28, 2020, such as the 00:12 sexual intercourse, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police report on traffic accident, inspection report, death diagnosis report, accident vehicle and on-site photographs to F of the defendant's legal statement;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

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

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. The crime of this case where the driver of a large city bus is on and off the crosswalk in a yellow light, when the defendant who is the driver of the large city bus is on and off the crosswalk, the victim shall be the victim.

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