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(영문) 인천지방법원 2013.06.12 2013고단2025

교통사고처리특례법위반

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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 this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in city bus driving services owned by B.

On December 24, 2012, around 20:10 on December 24, 2012, the Defendant operated the above city bus crossing in front of the training elementary school located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and moved to the right bypass at a speed of about 10km per hour, depending on five lanes in the direction of the Red Cross Hospital in Incheon.

Since there is an intersection where a signal apparatus is installed and a crosswalk is installed, the driver has a duty of care to see the front left well, to accurately operate the steering and steering system, and to safely drive it in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded by bypassing the pedestrian signal of the crosswalk, and caused the victim D (52 years old) who cut the crosswalk around the direction of the city bus in front of the above direction of the city bus, to go beyond the ground by shocking the crosswalk to the front side of the city bus.

Ultimately, the Defendant caused the death of the victim due to high-level brain death by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the mistake of one's own identity is recognized and reflected, that there is an agreement with the bereaved family members of the victim, that the vehicle is covered by the comprehensive