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(영문) 인천지방법원 2013.05.09 2013고단1260
교통사고처리특례법위반
Text

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

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

The defendant is a bus driver and a person engaged in the operation of a bus B route bus.

On January 31, 2013, the Defendant driven the above bus around 19:40 on January 31, 2013, and moved to a speed of about 20 km from the Cheongnam-dong, Yeonsu-gu, Incheon at a 454-gu Cheongnam-dong, to the private-distance roads from the underground side of the entrance underground streets at a speed of about 20 km in the city.

Since the place has a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a road by reducing speed and by properly examining the right and the right and the right of the road, and there was a duty of care to safely drive according to the new subparagraph.

Nevertheless, the defendant neglected this and did not stop, but did not find out the victim C (74 years of age) walking along the crosswalk in accordance with the pedestrian signals from the left side of the moving direction of the defendant's movement toward the right side of the road, and caused it to go beyond the ground by shocking the front part of the bus.

Ultimately, the Defendant caused the death of the victim due to training paralysis, high-level brain species due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, photographs related to accidents, and reports on the occurrence of a traffic accident;

1. Protocol of autopsy and written diagnosis of death;

1. Application of Acts and subordinate statutes to a report on investigation;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as that the defendant is aged, that there is an agreement with his/her bereaved family members, and that there is a reflective error);

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