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(영문) 인천지방법원 부천지원 2019.08.14 2019고단1444
교통사고처리특례법위반(치사)
Text

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

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 running a city bus B.

On February 26, 2019, the Defendant driven the above city bus on February 26, 2019, and led to the passage of the incineration funeral distance intersection from C to the transmission line.

Since there is an intersection in which crosswalks are installed, there was a duty of care to check whether a person engaged in driving service has a road to reduce speed and to check the right and the right and the right of the road well and to drive safely.

Nevertheless, the defendant neglected this and found the victim D (the 62 years old) who was standing a bicycle on the left side of the direction of the defendant's proceeding by the negligence of moving it by bypassing it as it is, immediately later, and let the victim go beyond the ground by receiving the victim from the front part of the city bus.

Ultimately, at around 06:30 on March 12, 2019, the Defendant caused the death of a victim who was receiving medical treatment at the F Hospital located in Bupyeong-si E due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a report on investigation, and a photograph of the CCTV images taken;

1. An signal signalling and signal cycle chart;

1. A death certificate;

1. Application of statutes on site photographs;

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

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

1. The occurrence of traffic accidents due to the defendant's negligence on the grounds of sentencing Article 62-2 of the Criminal Act, the victim's death leads to the occurrence of traffic accidents, the occurrence of the traffic accidents in this case, the degree of negligence by the defendant, the defendant's mistake, and the withdrawal from the bus company where the defendant works, the bus operated by the defendant is admitted to the mutual aid association, and the defendant separately.

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