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(영문) 인천지방법원 2014.06.02 2014고단2223

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 C24 tons of car trucks.

On January 22, 2014, the Defendant driven the above vehicle at around 09:30, and 2 North-dong, Jung-gu, Incheon, Jung-gu, Incheon, to turn to the left at a speed of about 30 kilometers per hour from the right side of the west-do.

At all times, a yellow light signal is installed on the left side, and a crosswalk is installed on the left side, so the driver of the motor vehicle has a duty of care to check whether there is a person who gets on the front side and the left side while driving the motor vehicle, and to safely drive the motor vehicle.

그럼에도 피고인은 이를 게을리 한 채 그대로 좌회전한 업무상 과실로 횡단보도를 좌측에서 우측으로 횡단하던 피해자 D(63세)를 발견하지 못하고 피고인이 운전하는 차량의 좌측 뒷바퀴 부분으로 피해자의 우측 다리 등을 충격하여 넘어지게 함으로써 피해자로 하여금 그 자리에서 저혈량셩쇼크, 복부 및 흉부 내부 장기손상 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a report on actual condition survey, a photograph of the scene of the accident, a photograph of the victim, or an investigation report (a system verification, such as signal crossing);

1. Application of Acts and subordinate statutes on a written autopsy;

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 types: [19] Traffic crimes, general traffic crimes, [2] Traffic Accidents, etc.;

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

(c)General persons: mitigation factors (automobile comprehensive insurance coverage, advanced reflects), aggravation factors, and other special teaching characteristics.