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(영문) 인천지방법원 부천지원 2014.10.02 2014고단1835

교통사고처리특례법위반

Text

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

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

On July 4, 2014, the Defendant is engaged in driving route buses No. 56 route buses, and around 10:20 on July 4, 2014, the Defendant: (a) straighted the shooting distance in front of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si from 188 to 4 lanes from the 5-lane from the 188-lane from the west-gu, Seocheon-gu, Seocheon-si; (b) neglected the front line space in the front line; and (c) failed to properly operate the steering gear and brakes, and (d) caused the death of the victim E (the age of 77) who illegally crossed from the front part of the above bus due to occupational negligence, which did not properly operate the steering gear and brakes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Act and subordinate statutes to the de facto survey report, on-site photographs, bus box images to obtain a license register, car-book, death signal meeting, death certificate, certificate of subscription to a mutual aid agreement, and boom video CDs and video CDs

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] Sentencing for traffic crimes, general traffic accidents, and death of traffic accidents (type 2): In cases where the victim has been negligent due to considerable negligence in the occurrence or expansion of damage from traffic accidents even if the victim was involved, no penalty shall be imposed [the scope of recommendation] from February to October of the credit cooperative (in cases where there are two special mitigation factors and special mitigation factors, the minimum limit of recommendation punishment shall be mitigated);

2. Determination of sentence: It is true that a serious accident has occurred that a victim dies by negligence of the defendant for six months of imprisonment without prison labor, two years of suspended execution, and forty hours of an order to attend a course;

However, the conditions of sentencing, such as the fact that the defendant reflects his/her mistake in depth, that the victim has a considerable fault in the occurrence of a traffic accident, that there is no history of criminal punishment, that there is no history of criminal punishment, and that the victim and his/her bereaved family members have agreed with it.