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(영문) 인천지방법원 부천지원 2017.05.31 2017고단421
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a village bus 017-1 time for a primary passenger C.

On February 3, 2017, the Defendant driven the said bus on February 21, 2017, and proceeded at a speed of about 54 km-ro 807, Seocheon-si, Seocheon-si, and about 25 km-ro from the front side of the original apartment.

At night, the Defendant was a victim D (14) prior to driving a bicycle in the same direction from the side streets. As such, the Defendant had a duty of care to prevent accidents by safely driving a bicycle prior to the front side of the bicycle, such as reducing speed, driving a bicycle driver prior to the front side, securing a necessary distance to avoid collision, and securing a safe driving of the bicycle.

Nevertheless, the Defendant neglected this and tried to overtake the bicycle by negligence while driving the bicycle, and caused the damage to the bicycle by having contacted the wheels of the above bicycle with the front of the bus operation.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim at a Gatol University, a Matern Hospital, which was located in the 23:51 Sincheon-ro 327 on the same day, due to a traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, photographs, actual condition survey reports, CCTV photographs, and bus photographs;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of deceased persons;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing as stated in the records, such as the relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor, and the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

- The Defendant is driving a bus, so the other party is involved in the accident.

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