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(영문) 인천지방법원 2017.09.01 2017고단4498

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 a period of two years 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 a C Poter cargo vehicle.

On May 2, 2017, the Defendant continued to proceed bypass from the terminal to the intersection of strengthening the intersection of the 335th ambro-distance intersection by strengthening the 09:35 Incheon reinforced military forces.

There is a traffic island in which pedestrians are able to stay, waiting for the signal, and on the above traffic island, a person engaged in driving service as a place where a sidewalk is installed has a duty of care to accurately manipulate the brake and steering gear so as not to violate the report installed on the traffic island.

Nevertheless, the Defendant neglected this and caused the victim D (the age of 59) who was on the traffic island due to the mistake that the traffic island was faced with the left-hand wheels, and followed the victim D (the age of 59) who was on the traffic island due to the negligence that was going beyond the front on the sidewalk of the traffic island.

Accordingly, the Defendant caused the victim D to die in the tension with a tension, etc. due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A corpse inspection report and a corpse inspection report;

1. Application of Acts and subordinate statutes to the scene photographs of accidents, and photographs of changeers;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] The mitigated area (4 months to 1 year) [the person subject to special mitigation] [including efforts to recover from damage] the sentence, circumstances unfavorable to the sentence (including the occurrence of serious consequences of the victim's death due to the traffic accident in this case), favorable circumstances [the fact that the crime is recognized and committed, the victim's bereaved family members and bereaved family members do not want the defendant's punishment, and the defendant's family members do not want the defendant's punishment.