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(영문) 인천지방법원 2020.05.27 2020고단1174
교통사고처리특례법위반(치사)
Text

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

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

On December 18, 2019, the Defendant was driving a bus around 09:50 on December 18, 2019, and led to the right-hand bypassing at 5 km per hour within the charging station located in Seo-gu Incheon Metropolitan City.

In this case, there was a duty of care to prevent accidents in advance by accurately operating the brake system and safely driving the driver's license and the right and the left and right of the driver.

Nevertheless, the defendant neglected to do so with the front right side of the bus, facing the victim E (74 years of age) who walked to the port from the right side of the bus in the right side of the bus due to the negligence of neglecting it, and led the victim to the front right side of the bus.

Ultimately, at around 14:05 of the same day, the Defendant caused the victim's death by occupational negligence to a multi-presidential long-term part at G Hospital located in the Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of traffic accident [Special Sentencing] - The factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [the area of recommendation and recommendation range], the area of mitigation of punishment (including the area of recommendation and recommendation range], and April through one year;

3. As a person engaged in bus operation who is not obliged to pay due care when driving, the defendant's liability is not less than that of the defendant, as he was negligent in driving and resulting in the result of the death of the victim.

However, there is no other negligence except for the violation of the duty of Jeonju, the fact that there is no fault, the fact that his fault seriously reflects his fault, and the bereaved family members agree with the victim's bereaved family members to punish the defendant.

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