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(영문) 인천지방법원 부천지원 2017.01.12 2016고단3057

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 became final and conclusive.

Reasons

Punishment of the crime

On October 1, 2016, around 14:11, the Defendant was driving a C concrete mixture truck with the core value of three lanes in front B in Bupyeong-si, Seocheon-si, B, and was driving along three lanes in accordance with the three-lanes from the remote distance of the telephone station. At the same time, the two-lanes are all closed due to road work, and the two-lanes are located on the right side of the three-lanes. As the bicycle exclusive road is located on the upper right side of the vehicle, the Defendant had a duty of care to safely drive the bicycle driver, etc., who is engaged in driving the vehicle, to ensure that there is no traffic accident, such as a bicycle driver, etc. passing through the road, by accurately operating the front side and the steering direction and the brake system of the vehicle, or by breaking the bicycle exclusive road.

Nevertheless, the Defendant neglected this and did not discover the victim D (V, 76 years old) who was walking the upper part of the bicycle exclusive for bicycles in the same direction as the Defendant, and did not discover the victim D (V) who was walking the upper part of the above truck with the right part of the truck. The victim's chest part, which was going beyond the floor, is divided into the second and third wheels of the above truck with the second right part of the truck, and caused the victim to die on the spot due to the diversity damage caused by the vehicle path.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report (list 2), and body death certificate (list 13);

1. A report on internal investigation (List 14);

1. Application of Acts and subordinate statutes of photograph (List 5);

1. Relevant Acts concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (a person who has no record of criminal punishment except for confession, serious reflectness, previous offense of a fine and twice before and after a fine is imposed, comprehensive motor vehicle insurance is subscribed, or 25 million won shall be paid to the bereaved family of the victim, and he/she shall not be subject to