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(영문) 인천지방법원 2018.08.13 2018고단4337
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 who is engaged in driving of I metropolitan buses.

On April 30, 2018, the Defendant driven the above bus around 17:35 on April 30, 2018, and driven the road in front of the K Tri-distance crosswalk in Yeonsu-gu Incheon, Yeonsu-gu, in order for the Defendant to drive the above bus at an irregular speed depending on three-lanes of the three-lanes from the hotel room to the basin of the city.

Since a signal, etc. is installed at the time, there was a duty of care to check the left of the vehicle for a person engaged in driving, and to prevent the accident in advance by driving safely in accordance with the traffic signals.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and neglected the signal, and the victim's front wheel part of the victim L(11) who gets a bicycle riding along the bicycle road from the right side of the Defendant's running direction to the right side of the bicycle in accordance with the Mad-Sc-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Ultimately, around April 30, 2018, the Defendant caused the death of the victim due to the diversity damage, etc. by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. A fact-finding survey report and a traffic accident occurrence report;

1. A copy of death certificate or written report for autopsy;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (from April to one year) is mitigated (the number of persons subject to special mitigation] of the two types of general traffic accidents;

2. The crime of this case by which the defendant violated the signal while driving a metropolitan bus, resulting in the death of the victim who was riding a bicycle on a bicycle lane pursuant to the above subparagraph of the crosswalk by negligence.

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