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(영문) 인천지방법원 2018.07.11 2018고단3699

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 Do-fash driver's vehicle.

On January 12, 2018, the Defendant driven the above car at around 07:15, and led the front road of the public parking lot in Gyeyang-gu Incheon Metropolitan City at the 24 South-ro, Yangyang-ro, to the cruital bruital surface in the direction of the river.

At the time, it was difficult to see the surrounding area due to the invasion, and there was a crosswalk installed so in such a case, there was a duty of care to check whether there was a person engaging in driving of a motor vehicle to reduce speed and to see well the right and the right and the right of the motor vehicle, and to safely drive the motor vehicle.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로, 그 곳 횡단보도에 서 있던 피해자 E(21 세) 을 피고인의 승용차 앞 범퍼 좌측 부분으로 들이받아 피해자를 반대 차로로 튕겨 나가게 하고, 마침 그곳을 진행하고 있던

F SP car is faced with the left side of the front driver's vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational division and room due to the so-called dystroke, etc. from the same occupation to the so-called dystroke, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or G by the prosecution;

1. Statement made by the police with H;

1. A traffic accident report;

1. Each photograph;

1. A death certificate;

1. Responses to traffic accident analysis;

1. Investigation reports (Analysis CCTV images of I parking lots), investigation reports (case of speed limit to accident places), and application of Acts and subordinate statutes to investigation reports ( telephone conversations of the Road Traffic Authority);

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 suspension of execution ( normal consideration, such as the reflection of the fact, the first offense, and the fact that the victim's bereaved family members agreed smoothly with the bereaved family members);

1. The community service order under Article 62-2 of the Criminal Act;