(영문) 인천지방법원 2018.10.01 2018고단3437

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(영문) 인천지방법원 2018.10.01 2018고단3437

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of D New Tourism Buses.

On April 18, 2018, the Defendant driven the above bus around 21:30, while proceeding four lanes in front of the new Tri Park intersection, which is mainly on the roads of the Bupyeong-gu Incheon Metropolitan City, along the four-lane direction of the new reproduction distance in the direction of the Bupyeong-gu office. On the other hand, the Defendant continued bypassing about about 20 km in the direction of the Bupyeong-gu market.

In such a case, the driver had a duty of care to safely drive the crosswalk by checking whether there is a person who gets to walk the crosswalk by reducing the speed and checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded with the victim E (47) who was a frighter of the bus with the front right side of the bus, and continued to set the victim E (47) who was a frighter of the bus due to the shock, with the rear wheels part of the bus's right side.

As a result, the Defendant caused the victim to die due to the above occupational negligence in the same day at the Glon University Incheon Glon Hospital located in the same number of Bupyeong-gu Incheon at around 21:54 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the accident, and a photograph by cutting off the accident booms image;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes governing accident black booms video CDs, black booms video CDs

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor, and other circumstances under the circumstances following the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the commission of the crime, etc., shall be comprehensively considered in determining the same sentence as the order, and the conditions of the sentencing as shown in the process of the trial.

The instant accident is the defendant.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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