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(영문) 인천지방법원 부천지원 2015.06.10 2015고단1050
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 B fishing bus.

On March 19, 2015, the Defendant driven the above bus at around 12:40, and turned to the intersection of the distance of 230-1 in front of the 230-dong, Shicheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu from the boundary of the original high school to about 20km of the city-speed comprehensive sports ground.

Since there is a crosswalk in which a signal, etc. is installed, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a right to reduce the speed and unfold the road well, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, while neglecting this, the defendant neglected the victim C (n, 75 years old) who crosses the crosswalk from the right side of the bus in front of the bus driving of the defendant, to the left side of the road in accordance with the pedestrian signals, and moved the victim over the road, and the victim was over the right side of the bus.

Ultimately, at around 17:27 on March 19, 2015, the Defendant caused the victim to die with low-blood shocks caused by diversative satise 327, Malcheon-gu, Solcheon-si, Solcheon-si, Alcheon-si, Alcheon-si, Alcheon-si, Alcheon-do, to death.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of a traffic accident report;

1. Application of Acts and subordinate statutes to entries in a death certificate;

1. Article 3 (1) and Article 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] of the General Traffic Accidents of Type 2 (Death, etc. caused by Traffic Accidents), the area of mitigation (4 to 10 months), the area of mitigation (including specially mitigated persons), the area of punishment not (including efforts to recover damage), and the decision of sentence].

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