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(영문) 인천지방법원 2018.04.18 2018고단865

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaging in a D bus driving service.

On November 7, 2017, the Defendant driven a above bus around 05:43, and got to turn to the left at the right-hand edge of the German-ro 1008 Nam-dong, Nam-gu, Incheon Metropolitan City, the intersection of the 1008 South-dong office distance from the flood control of the water.

At the same time, one lane is the left-hand and the two lanes were straight lines, so in such cases, the driver of the vehicle has a duty of care to check the right and the right and the right and the right of the driver of the vehicle and to turn to the left at the first lane, and to turn to the left at the second lane.

Nevertheless, the Defendant neglected this and got the right side of the victim E(68) driving, which was proceeding in one lane in the same direction as the right side of the vehicle driving by negligence on the left side at the two-lane, received the right side side of the vehicle driving.

Ultimately, around December 3, 2017, around 11:51 on December 3, 2017, the Defendant caused the death of the victim due to the blood transfusion in the 56 Tol University Incheon Sung Hospital at the same number of Bupyeong-gu Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration, such as the reflection of the fact, the absence of a criminal record of imprisonment without prison labor or any heavier punishment, and the fact that the victim has agreed smoothly with the bereaved family members);