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(영문) 인천지방법원 2013.12.19 2013고단4957

교통사고처리특례법위반

Text

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

except that 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 who drives one ton cargo vehicle C.

On June 17, 2013, the Defendant driven the above cargo vehicle around 20:15, and proceeded with two lanes in front of the EM station located in the strengthening Eup Eup of Incheon, Incheon, along with one-lane from the reinforcement intersection to the reinforcement Eup.

At the time, there is a duty of care to safely drive a motor vehicle at night and in such cases, the defendant who drives the motor vehicle has a duty of care to live well the right and the right and the right and the right, and to accurately operate the steering gear and the steering gear.

Nevertheless, it was not found that the victim D (year 51) who was walking along the central line in the direction of the reinforcement intersection due to negligence in progress, while neglecting this, was not found and the victim was able to go beyond the road due to the front part of the above cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as a cage cage cage cage, etc., due to the above occupational negligence, and caused the victim to die with the external blood fry, fry, and fry crym fever from E Hospital around June 18, 2013 during treatment at E Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A report on the occurrence of a traffic accident, on-site photographs, and a de facto survey report;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including a person who has been sentenced to a heavier punishment than a fine and a person without the same criminal record; the occurrence of an accident; the occurrence of the accident; the occurrence of the accident; the occurrence of the accident; the agreement with the bereaved family; and the violation of wrong