beta
(영문) 인천지방법원 2018.11.15 2018고단6670

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 modern grassland truck.

On July 4, 2018, the Defendant driven the above truck on July 4, 2018, and stopped on the crosswalk due to traffic congestion while driving the 158 Gyeongnam Road from the north port to the IC along the 158 string water of Incheon Seo-gu.

At the same time, the crosswalk was installed, and the green fire of the pedestrian crossing was turned on at the time, so the driver of the vehicle is well able to see the right and the right before and after, and the driver of the vehicle is able to see the movement of pedestrians, etc., and the driver of the vehicle has a duty of care not to proceed with the vehicle before the completion of the pedestrian crossing signal.

Nevertheless, the Defendant neglected this and led to the death of a victim C (V) who passed the above crosswalk due to the negligence of driving, leading the mast bicycle, leading the victim C (V, 39 years old) to the front part of the above truck, leading the victim's head to the left part of the above truck, leading the victim to the front part of the victim's head, leading the victim to the hospital at around 20:48 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Application of Acts and subordinate statutes to a survey report on the actual condition and a corpse death certificate;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) (the scope of recommendation) of the Act on the Suspension of Execution (the grounds for sentencing) / [the scope of recommendation] / [the person who has been specially mitigated] who is not subject to punishment (the person who has been sentenced to punishment for April 1 to 1) / [the person who has been sentenced] 8 months without prison labor / the suspended execution 2 years / the suspended execution 2 years / the suspended execution /

However, it is against the defendant's wrong recognition.

The victim has received a letter from his/her bereaved family, and the defendant.