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(영문) 인천지방법원 부천지원 2017.11.09 2017고단2327
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a D bus.

On June 16, 2017, the Defendant driven the above bus around 16:37, and moved to the right of way to the middle school distance from the right of way to the right of way, the middle school distance from the right of way to the right of way in the direction of the Han Hospital, which is located on the 18 side of Seocheon-si, Seocheon-si.

Since a crosswalk is installed, in such cases, there was a duty of care to confirm whether a person engaged in driving service has a way to reduce speed and to check the right and the right of the road well and to drive safely.

Nevertheless, due to the negligence of neglecting this, the victim E (63 years, female) who was walking along the crosswalk from the right side of the bus to the left side of the crosswalk was not found, and the victim was taken as the front part of the bus and was pushed down under the bus.

Ultimately, the Defendant caused the death of a victimized person due to an occupational negligence, such as serious brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A survey report and a death diagnosis report;

1. Application of each statute on photographs;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents), the mitigation area (4-1 year) [the person subject to special mitigation] is not punishable [the sentence] [the decision of sentence] occurrence of serious results of the death of the victim due to the traffic accident in this case, and the suffering of the bereaved family members is also reasonable.

Although an accident occurred in the course of a victim's passage to the right angle of the bus,

Also, the defendant is liable for failing to fulfill his/her duty of care in the crosswalk.

Therefore, there is a great need to punish the defendant.

(b).

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