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(영문) 인천지방법원 2017.02.16 2016고단8802
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C urban buses.

On October 25, 2016, the Defendant driven a bus around 06:43, and moved to the right of way at a speed of about 30 km from the edge of the fish market to the edge of the passenger terminal, along the two-lanes from the edge of the fish market.

At the time, it is difficult to secure the view more than ordinary time, and therefore, a person engaged in driving a motor vehicle has a duty of care to ensure the safety of course and to ensure the safety of course.

Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground by taking part of the victim F (63 years old) who crosses the road from the left side of the bus of the Defendant, to the right side of the road, due to the negligence that the Defendant did not care for the front side of the bus.

Ultimately, on October 27, 2016, the Defendant caused the death of the victim of the above occupational negligence by brain training in the Infecta Hospital located in the Jung-gu Incheon Metropolitan City route 27, Jung-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Investigation report (related to the signal cycle, etc.);

1. A death certificate;

1. Application of the Acts and subordinate statutes to the closure of signal cycle images;

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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., is that the Defendant, as an urban bus driver, is to operate the vehicle safely by complying with the traffic-related Acts and subordinate statutes, even though he/she is required to drive the vehicle safely, he/she is unable to perform his/her duty at the intersection and at the right right right right right right right right right right right right right right right right right right right right right right right right right right

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