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(영문) 수원지방법원 2016.05.25 2016고단979
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C chartered bus.

On January 18, 2016, the Defendant driven the above bus 20:05, and led the E-distance intersection in Osan City to proceed to the right-hand direction in the direction of the e-mail in the LG electronic direction, and the place is where a crosswalk with signal lights is installed. In such a case, the Defendant had a duty of care to check whether a person engaged in driving service has a right-hand side and right-hand side and to safely drive the crosswalk in accordance with the new subparagraph.

Nevertheless, the defendant neglected to do so and proceeded on the right side of the bus operated by the defendant by negligence, and the victim F (55 years old) who crosses the crosswalk in accordance with the new name from the right side of the front side of the direction of the defendant's proceeding to the left side of the road, and continued to go back to the back side part of the victim's body to the right side.

Ultimately, the Defendant caused the victim’s death by occupational negligence, such as a low-blood shock, at the Hanlim University-dong Amsung Hospital, located on January 18, 2016 at a large amount of 7 in the period of emulation at around 21:03.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes on the analysis of black stay images;

1. The defendant takes into account the following facts: (a) the pertinent legal provision on the crime; (b) Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment; and Article 268 of the Criminal Act [the scope of the recommended punishment] There is no person who does not have any basic area ( August -1 and June) [the person who is subject to special sentencing] (the decision of sentencing] [the decision of sentencing] of the traffic accident of this case; (c) the serious result of the death of the victim due to the traffic accident of this case occurred; (d) the bereaved family is filing a petition for severe punishment against the defendant; (d) the victim crossinging the crosswalk was shocked by a bus; and (e) the negligence is not somewhat unfavorable.

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