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(영문) 대구지방법원 2019.02.20 2019고단20
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 engaged in urban bus driving service B.

On August 20, 2018, the Defendant driven a bus on the 19:50 square meters and driven the front road D in Busan Metropolitan City along a two-lane distance from the pentine street to the Gyeongsan Station.

Since a crosswalk is installed, there was a duty of care to safely drive a motor vehicle after checking whether a person engaged in driving the motor vehicle is at a speed reduction, a person engaged in driving the motor vehicle has a duty of care to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to drive the bus on the left side of the bus due to the negligence, and caused the victim E (60 years of age) who was dried along the crosswalk, along the right side of the bus, to go beyond the road floor.

Ultimately, at around August 20, 2018, at G Hospital located in Daegu-gu, Daegu-gu around 21:09 on August 20, 2018 due to the above occupational negligence, the Defendant caused the victim's death by an external shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident reports and traffic accident analysis reports;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the serious consequence of the death due to the instant crime for sentencing under Article 62-2 of the Criminal Act; (b) the degree of the Defendant’s violation; (c) the Defendant’s violation of his/her duty of care; (d) the Defendant’s reflection; (e) the Defendant’s agreement with his/her bereaved family members; (e) the Defendant’s absence of criminal records exceeding the fine; and

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