beta
(영문) 인천지방법원 2018.12.12 2018고단6892

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a e-mail vehicle B.

On August 19, 2018, the Defendant driven the above cargo vehicle on the front of Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon, and got to proceed to the west-gu west-gu.

In this case, the driver of the motor vehicle has a duty of care to thoroughly operate the steering gear and the steering gear properly to prevent accidents, as the crosswalk has been installed on the front door, and the pedestrian is anticipated to cross around the apartment complex.

Nevertheless, the Defendant found the victim D (82) crossing the road according to the above crosswalk after the end of the same pedestrian signal due to negligence that had been driven by the Defendant's neglect of the front city of the front city, and went beyond the floor after being found back to the front part of the above cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day due to multiple traumas during the transfer of hospital around 06:49 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to dead bodies;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) [In April to 1] mitigated area (including special mitigated persons] [Pronouncement Decision] [including efforts to recover damage], the sentence shall be determined as ordered in full view of the sentencing conditions shown in the trial process of this case, such as the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

Defendant.