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(영문) 인천지방법원 2018.11.07 2018고단1336
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 engaging in bus driving service B.

In a state where the Defendant lacks the ability to discern things or make decisions due to sudden brain flasing, etc., the Defendant driven the above bus around 19:05 on August 16, 2017, and driven the two-lane road in front of the Ddo in C at the time of the Gyeonggi Ethic City, along the one-lane road from the shooting distance of the Water Resources Corporation to the coast of the Corporation.

In this case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the right and the right and the right and the right and the right and the right of the motor vehicle and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not discover the FObane of the victim E (36 tax) who stops at the right edge of the bus in the direction of the driving of the Defendant without finding out the FObab in the direction of the driving, and caused the victim E driving, who was driven by the Defendant’s bus, to drive the HM5 car in the direction of the water resources construction work at the right edge of the G (28 years old) where the Defendant was driving in the direction of the driving of the bus at the right edge of the bus in the direction of the driving of the Defendant.

Ultimately, the Defendant caused the victim E to die due to such occupational negligence on December 21, 2017 at the I hospital located in the Young-si, Suwon-si, Suwon-si, which caused the death of the victim E by the cirical shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A fact-finding survey report and a report on the occurrence of traffic accidents;

1. A death certificate;

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. Articles 10 (2) and 10 (1) and 55 (1) 3 of the Criminal Act, which are statutory mitigation (not mental and physical weakness);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria shall be;

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