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(영문) 인천지방법원 2018.08.22 2018고단4571

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence 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 a motor vehicle.

On April 26, 2018, the Defendant driving the above cargo vehicle around 06:57, and let the front road located in Jung-gu Incheon Metropolitan City E use the right-hand road from the shore side of the coast wharf to the shooting distance of the Yellow Sea.

Since there is an intersection or crosswalk where signal lights are installed at the front of that place, there was a duty of care to safely drive the motor vehicle in accordance with the new code to check whether there is a person who gets involved in driving the motor vehicle to reduce the speed and to check well the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant was negligent by neglecting the duty to see on the front side and the left side while the vehicle signal of the front side of the road is red signal, and the bicycle right side part of the victim G (76 cm) where the above crosswalk was a bicycle going on the right side from the left side of the running direction of the Defendant, in accordance with the new subparagraph, followed by the Defendant’s failure to perform his duty to see the front side and the left side of the cargo vehicle.

After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the damage to the two colonies and multiple growth.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, 14 copies of the site photographs, and a survey report on the actual condition of a traffic accident;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to photographs by reporting internal accidents (fences), by capturing a signal cycle and by cutting down the F CCTV course;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

The instant case is a disadvantageous condition.