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(영문) 인천지방법원 2016.03.30 2016고단100
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above sentence 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 route buses C 532.

On October 5, 2015, the Defendant driven a above bus around 16:02, and led to the left-hand turn from the south-gu Incheon Metropolitan City D's front of the road to the middle school of the Dong student's sports center at the speed of the speedless speed.

Since there is no distinction between a roadway and a delivery, there is a duty of care to check whether a person engaged in driving of a motor vehicle has a way to reduce speed and to see the front side well, and to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the defendant did not discover the victim E (the age of 71) who walked to the right side from the left side of the bus driving direction due to the negligence of neglecting this, and did not discover the victim E (the age of 71) and went back to the back side of the bus, and the victim who fell short of the upper side of the bus was turned back to the back wheels of the bus left side.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence from a Gacheon-ro Hospital, which was located in 774 - 21, Namdong-dong, Namdong-gu, Incheon, Namdong-gu, Incheon, to the extent that it caused the death of the victim due to a motor vehicle accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] of the grounds for sentencing under Article 62(1) of the Criminal Act [the grounds for sentencing [the scope of recommended punishment] of the Act on the Suspension of Execution [the grounds for punishment] (4 to 10 months] of the mitigation area (the person who has been specially mitigated) [including efforts to recover damage] of the reduction area (including the person who has been made a serious effort to recover damage] of the punishment not, [the decision of sentence] of favorable circumstances: The fact that the

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