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(영문) 인천지방법원 2015.02.12 2014고단9069

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On October 13, 2014, the Defendant driven the above vehicle at the speed of 16:40 on October 13, 2014, and led the front side of the Hewon apartment, which is 102-ro, from the north-gu, Incheon, to the right left at the speed of the undeveloped apartment.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle has a road by reducing the speed and keeping the front door well, and to safely drive the motor vehicle so as to prevent the accident by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and failed to verify whether there is a pedestrian or not at the crosswalk, and caused the head part of the victim C (the age of 72) who is crossing the crosswalk that there is no signal, etc. from the right side of the running direction of the defendant's vehicle to the left side of the crosswalk to shock the left side of the vehicle of the defendant.

Ultimately, around November 17:40 on November 5, 2014, the Defendant caused the death of the victim due to cerebral cerebral cerebral cerebral ties, etc. while receiving treatment at a reduced-end hospital located in Jung-gu Incheon, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site survey report, accident-related photographs, photofluoric images, photofluoric images, and body photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: 19. Traffic, 01. General traffic accident, (Type II) traffic accident, etc.;

(b) Persons with special punishment: Reduction elements (not subject to punishment);

(c) General person: other factors of increase.