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인천지방법원 2018.07.25 2018고단3784

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a frecing vehicle B.

On March 15, 2018, the Defendant driven the above cargo vehicle on March 22:5, 2018, and made the left turn at one-lane of the three-lanes from the surface of the potteral distance to the potteral off of the potteral distance.

At the time, accidents are likely to occur at night, so in such cases, there was a duty of care to safely drive the vehicle by making it possible for those engaged in driving service to live well the right and the right and the right and the right of the vehicle, and accurately manipulating the steering gear, etc.

Nevertheless, when the defendant neglected to perform his duty on the right side and the right side by negligence, he found the victim C (67) who was unclaimed to the right side from the left side of the running direction of the defendant, and received the victim from the front side of the driver's car.

As a result, the Defendant caused the death of the victim due to the injury, i.e., external surgery during the transfer to Acheon-ro Hospital located in 774, Namdong-gu, Incheon, Namdong-gu around March 15, 2018, according to the above occupational negligence, around 23:19.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and photographs;

1. A corpse death certificate;

1. Provisions of Acts and subordinate statutes concerning the results of handling of legal affairs and suggestions for directions, reports on investigations (the contents of telephone conversations as married children) and reports on investigations;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive and background of the instant crime, means and methods of the instant crime, circumstances after the crime, etc., and the conditions of sentencing as indicated in the trial process, the sentence identical to the order shall be determined.

The victim died due to the accident of this case.