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(영문) 인천지방법원 2014.06.19 2014고단2861

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a 1 ton cargo vehicle B.

On February 20, 2014, the Defendant driven the above cargo vehicle on February 20, 2014, and led the front side of the Twit-ro, 862-gil, Nam-gu, Incheon, Nam-gu, to go straight ahead of the three-lane radius from the direction of Twit-ri distance.

Since the victim C (the age of 47) crosses the right on the left side of the crosswalk, the person engaged in driving service has a duty of care to properly manipulate the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and to prevent the accident by accurately manipulating the steering and the system.

Nevertheless, the Defendant neglected this and proceeded with the above-mentioned victim by negligence.

Ultimately, the Defendant caused the victim by occupational negligence as above.

3. From 15:49 around 15:49, at the Incheon D Hospital, the treatment was caused to death while the treatment was performed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A survey report on the actual condition, a report on the initial operation at the scene of a traffic accident, and photographs (the scene at the time of the accident, the destruction of a vehicle, and the closure of CCTV images);

1. Application of Acts and subordinate statutes of a death certificate;

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 type: [19] Traffic crime, 01. General traffic accident, [2] traffic accident, death of a traffic accident;

(b) Special supporters: Reduction factors (where there is a substantial negligence on the occurrence or expansion of a traffic accident against the victim, a person not subject to punishment);

(c) General convicts: Reduction elements (limited to serious reflectives, motor vehicle comprehensive insurance, or no power to criminal punishment);

(d)the scope of recommendations;