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(영문) 인천지방법원 부천지원 2014.11.21 2014고단2738

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a new-road transportation worker who is an engineer of B bus B traveling from the Young-si to the Young-dong, and has been engaged in driving service of C bus.

On July 31, 2014, around 23:10, the Defendant proceeded at approximately 50km each hour at a speed of 3 lanes in front of 376 6-6, Ori-si, Ori-si, Seocheon-si, Seocheon-si, Seocheon-si, in accordance with three-lanes in front of 376.

At the time of night, the defendant engaged in driving service had a duty of care to prevent traffic accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(59 years of age) who was crossing the left side of the marina road as it was, and received the victim's body and head parts from the front part of the bus on August 12, 2014, and led to the death of the victim, such as external fluence, in accordance with the distribution of Seocho-gu Seoul, Seocho-gu, where the transmission treatment was conducted on August 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to the actual traffic accident investigation report and death diagnosis report;

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession of a crime and reflects on it, the agreement with the bereaved family members of the victim, the negligence of the victim crossing the road without permission in the event of an accident, and the primary crime);