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(영문) 인천지방법원 2016.05.25 2016고단1395

교통사고처리특례법위반

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 D trucks.

On January 19, 2016, around 12:30, the Defendant made a two-lane road in front of Seo-gu Incheon, Seo-gu, Incheon to turn to the left at approximately 10km per hour according to the first-lane shooting distance from the ASEAN Stak Stak ground in the Asia-si.

Since crosswalks are installed on the left side of the left side, in such a case, the driver of the vehicle has a duty of care to prevent the accident in advance by accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear and the steering gear without accurately operating the steering gear and the steering gear, and caused the victim F who walked on the right side of the crosswalk from the right side to the left side in accordance with the pedestrian signals to go beyond the floor by taking the victim F (M, 69 years old) who walked on the crosswalk from the right side as the front part of the above truck.

Ultimately, around January 20, 2016, at around 06:25, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as brain training and mathing at the International Empinae University of Tol referred to in the 100-ro 25, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) [In April to October] Reduction Area (Special mitigated Persons] [including efforts to recover from damage] Punishment Non-Preparation (including special mitigated persons] [Pronouncement Decision] - favorable circumstances: The fact that a person who committed a crime, a comprehensive insurance policy, an agreement with the bereaved family members of the victim is reached with the victim's bereaved family members; the fact that the defendant was at fault: the fact that the victim was dead and the victim suffered irrecoverable damage;