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(영문) 인천지방법원 2016.07.21 2016고단3276
교통사고처리특례법위반
Text

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

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 a city bus with DBS (BS) 106 58 passengers.

On March 22, 2016, the Defendant driven the above bus around 09:41, and led the front road of the “F” located in the Nam-gu Incheon Metropolitan City E to the private distance of the new market from the long-distance bank.

Since a vehicle signal and crosswalk are installed on the front side, in such a case, there was a duty of care to check in advance whether a person engaged in driving a motor vehicle has a way to see well the right and the right of the front and the right of the front, and to accurately operate the steering gear and the brakes so as to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately examining the front left and right of the bus, and received the victim G (V, 66 years old) who was standing on the right side of the crosswalk from the right side to the left side when the vehicle signal, etc. is red, by the negligence that the vehicle signal, etc. is in colored, from the right side of the bus, and went beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by training paralysis, etc. from Acheon-ro Hospital located in 21, Namdong-gu, Incheon, Nam-gu, Incheon, 774, as it was around 03:23 of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing vehicle booms images to photographs, black booms video CDs

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 Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders is not only the same criminal history causing traffic accidents, but also the urban bus driver.

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