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(영문) 인천지방법원 2015.11.12 2015고단5929
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B urban bus owned by an advanced bus.

On July 26, 2015, around 05:35, the Defendant straighted the front road of the Specialized School for the Incheon Bupyeong-gu Incheon, Bupyeong-gu, Incheon, along with three lanes from the side of Bupyeong-gu, Bupyeong-gu, Incheon, to the side of Bupyeong-gu, Incheon.

At the time, the lower land level was slick and narrow, so in such a case, a person engaged in driving service has a duty of care to care in preventing accidents by accurately manipulating the steering area and the left and right, and accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected this and found the victim C (70 years of age, more than 70) moving the road without permission from the left-hand side of the driver's vehicle driving vehicle due to the occupational negligence of the defendant driving the vehicle by driving the vehicle without permission, operated the city bus with an rapid control and the right-hand hand, but did not avoid the bus but shocked the victim with the front-hand part of the city bus, and re-sponsed the victim with the front glass part of the city bus.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the cage of cage cage at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, investigation report, and photographs of the scene of the accident;

1. Application of Acts and subordinate statutes concerning autopsy reports and postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered in light of the fact that the act of violation is committed, that the negligence of the victim is significantly serious, that the victim is admitted to the mutual aid association, and that the victim reaches an agreement with his/

1. Reasons for sentencing under Article 62-2 of the Criminal Act (determination of types) of general traffic accidents (the death of traffic accidents) - Part II (the death of special person resulting in death of traffic accidents) - the victim.

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