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(영문) 인천지방법원 2016.09.21 2016고단3661
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 the city bus.

On May 9, 2016, the Defendant driven the above bus around 22:50, and proceeded three lanes in front of the “F Sarina” located in Nam-gu Incheon Metropolitan City E, using the 4-lane distance from the drawing from the 1.C 4 distance from the drawing to the 51km each hour.

At night, the house is near the house. In such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering system and the steering system and operating the steering system in a safe way.

Nevertheless, the defendant neglected this and did not accurately operate the steering gear and brakes without accurately operating the steering gear and brakes, and caused the victim to go beyond the floor by taking the head part of the victim G (36 years old) who crosses the roadway to the right side from the left side of the running direction of the defendant into the front part of the above bus.

Ultimately, at around 02:45 on May 10, 2016, the Defendant caused the death of the victim due to the above occupational negligence, such as escape from brain, escape from brain in the Acheon-ro Hospital located at 774, Nam-dong, Incheon, Nam-dong, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The actual investigation report on traffic accidents;

1. On-site and related vehicle photographs, black stuffs video materials, and one black stuff CD;

1. The test diagnostic certificate [The defendant and his defense counsel asserted that there was no negligence on the part of the defendant in light of the situation at the time, and thus, the victim was crossingd without permission by running a three-lane road, and plastic sealing was installed on the center line of the lane, and the light of the vehicles that run from the vehicle line opposite to the direction of the defendant's running is recognized as impeding the defendant's trial line, and the road structure around the place of accident is also recognized.

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