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(영문) 인천지방법원 2016.06.09 2016고단1209
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for a period of three 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 bus B 27 passengers.

On January 7, 2016, around 15:36, the Defendant, at a point of 7.95 km from the area of the airport of the New Airport Highway located in Jung-gu Incheon, Jung-gu, Incheon, 7.95 km, along the two-lanes from Seoul Myeon to the area of the international airport of Incheon Myeon, proceeded at approximately 93 km in speed.

It is an expressway with frequent traffic of a vehicle, and a Da-do driver's vehicle was temporarily stopped on the front side due to a breakdown. In such a case, the driver of the vehicle has a duty of care to safely drive the steering gear and the steering gear in order to prevent accidents in advance by accurately manipulating the steering gear and the steering gear.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes without accurately operating the steering gear and steering system, and received the back part of the above low-speed car as the front part of the bus.

Ultimately, at around January 16:14, 2016, the Defendant caused the death of victims E (e.g., 74 years of age) who were on board the said low-speed car due to occupational negligence, due to external cerebral injury in the first-aid vehicle, which is transferred 100 Doo-ro 25, Seo-gu, Incheon, Seo-gu, Seo-gu, Seo-gu, Incheon, to the International Sungdong University, and the victim F (1 years of age) on January 13, 2016 at the above hospital, due to a acute flacsis.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and C;

1. A survey report on actual condition;

1. A response to a request for appraisal, a traffic accident analysis and appraisal, and a comprehensive traffic accident analysis report;

1. A copy of a corpse, a copy of each autopsy report, a medical opinion, a brain death ruling, and a copy of a death diagnosis;

1. Application of Acts and subordinate statutes to photographs, on-site photographs of on-site and accident vehicles, CCTV images on an expressway, photographs, bus images CDs, and photographs at the scene of the accident;

1. Handling of traffic accidents under the relevant provisions of the Act concerning facts constituting an offense;

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