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(영문) 인천지방법원 부천지원 2014.05.08 2014고단302

교통사고처리특례법위반

Text

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

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

On October 23, 2013, the Defendant, who is engaged in driving of D buses, driven the bus at a speed of about 40 km from the Sincheon-si, Seocheon-si, Seocheon-si, Seocheon-si, 81-3, the three-lane roads in front of Seocheon-si, Seocheon-si, to the small station at a speed of about 40 km per hour.

In such cases, a person engaged in driving duty has a duty of care to care in advance to prevent accidents by accurately manipulating the steering gear, steering gear and brake system.

Nevertheless, the Defendant neglected this and proceeded as it is, due to the negligence that the Defendant was driving without living well well, and found a bicycle operated by the victim E (79 years of age) who changed the lane from the two-lane to the one-lane, and operated the bicycle late. However, the Defendant failed to avoid it, and received the left side part of the above bicycle as the front side of the bus.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence, at around 16:58 on November 1, 2013 (round 10:16 on October 23, 2013, the written indictment appears to be clerically written) by pressure on brain at the Sejong Hospital located in the So-gu, Seocheon-si, Seocheon-si, the 91-12 of the 91-12.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. As to the defense counsel's assertion under Article 62 (1) of the Act on the Suspension of Execution, while the defendant was preparing to turn to the left at the front line while operating the first line of the above road, the bicycle operated by the victim, which was not visible due to the vehicle in the front line on the two-lane, was the first line from the second line to the second line, and it was not possible for the defendant to anticipate or avoid the accident of this case.

According to the above evidence, the bicycle operated by the victim is around 10:16:04.