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(영문) 인천지방법원 부천지원 2016.05.02 2016고단722

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 B digging machines.

On February 15, 2016, 15:14 around Kimpo-si, Kimpo-si, the Defendant moved off four lanes between the four lanes in speed to the right angle of 30km at a speed of 30km.

At the same time, a person engaged in driving duties of a crosswalk has a duty of care to take care of the front door and the right and the right and the right of the crosswalk, such as confirming whether there is a pedestrian, and to prevent an accident by driving the crosswalk.

Nevertheless, the defendant neglected this and caused the victim C (the 61-year age) who was standing the crosswalk to the right side of the defendant's vehicle to go over with the victim C (the 61-year age) who was standing the crosswalk to the right side of the defendant's vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as chesting in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs, carcasses, and death records;

1. Relevant legal provisions and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

2. The punishment shall be determined as ordered in consideration of the fact that the defendant's reasons for sentencing under Article 62 (1) (the following favorable circumstances) of the Criminal Act reflects his fault in depth, that the victim's bereaved family members and the bereaved family members have agreed smoothly, and that only the previous conviction of a fine has been committed.