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(영문) 인천지방법원 2015.09.10 2015고단4766

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

[criminal power] On August 28, 2014, the Defendant was sentenced to a two-year suspended sentence to six months of imprisonment for an injury by the Incheon District Court on January 1, 2015, which became final and conclusive on January 1, 2015, and is currently suspended sentence.

【Criminal Facts】

The defendant is a person who is engaged in driving of urban buses No. C2.

On July 15, 2015, the Defendant driven the above bus at around 23:35, while proceeding at a five-lane road in the speed of 131 (west-dong), along the side of the Bupyeong-gu Incheon Metropolitan City, at the speed of about 20km from the side of the Bupyeong-gu, the Defendant continued to turn to the left at a speed of about 20km from the speed of the Simn-do, depending on one lane towards the valley-dong.

At the time, night and its location was an intersection where signal, etc. are installed, so a person engaged in driving service has a duty of care to drive safely in accordance with good faith by checking the front side and the left and right.

Nevertheless, the Defendant neglected to turn to the left on the left of the green straight line and went along the two-lanes of the bus driven by the victim D(50 years old) who was driving along the two-lane opposite to the Defendant in the opposite direction of the green straight line, taken the part above the left side of the bus driven by the Defendant, and subsequently, received the part above the left front part of the bus driven by the victim F.F. (65 years old) driving along the three-lane of the same direction, the part above the left front part of the bus driven by the Defendant.

Ultimately, the Defendant caused the death of the Victim F by occupational negligence as above, and suffered injury to the Victim D, such as knee seat, tension, etc. in the part of knee that needs to be treated for about two weeks, and the Victim H (V, a bus passenger the Defendant is 46 years of age) who is in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (in addition to victim H and telephone statement, etc.);

1. A death diagnosis report and a written diagnosis;