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(영문) 인천지방법원 2016.04.18 2016고단503
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 C's brand bus.

On December 12, 2015, the Defendant driven the above vehicle as a light of 19:50 on December 12, 2015, and proceeded to a literature tunnel by driving it on the road of five-lanes in front of the repair Cheongnam distance, which is located in 1-8 (Cheongnam-dong), 321, as the rain of the Yeonsu-gu Incheon Metropolitan City. The Defendant stopped on the four-lanes, standing on the repair gate, let the passengers get off, such as the victim D (V, 76 years old) and going to the direction of the literature tunnel.

At all times, the signal apparatus and crosswalk are installed, and the traffic control is carried out by signal apparatus, so the driver has a duty of care to safely drive the pedestrian on the crosswalk by making it slowly or temporarily stopping in front of the stop line, and the driver has a duty of care to safely drive the pedestrian in accordance with the signals.

Nevertheless, the defendant neglected this and did not find a victim who has opened a crosswalk from the right side of the bus of the defendant in accordance with the pedestrian signals from the right side of the bus crossing of the defendant, but did not get a pedestrian in front of the right side of the above bus and went beyond the road, and passed the right side of the pedestrian with the front side of the right side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence from 19:50 to 20:14 on the same day, such as a tensiond blood transfusion, supupupu, fus, and cupu, etc. during the transmission of a Yacheon-ro Hospital located in 774, Namdong-dong, Nam-gu, Incheon, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A photograph at the scene of the accident, a photograph of the vehicle to be affected, and a visual recording device to capture the contents of recording;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] is the area where the punishment is mitigated (the death of traffic accidents) by Type 2 (the death of traffic accidents).

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