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(영문) 인천지방법원 2018.10.17 2018고단3005

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 truck truck truck vehicle.

On February 26, 2018, the defendant, around 10:10 on February 26, 2018, driven the front road in Jung-gu Incheon Metropolitan City E along the two-lanes between the two-lanes from the Incheon basin to the non-park slope.

At that time, the two-lane width is about 3.2 meters, and the defendant was driving a wide range of the above cargo vehicle, and the victim G (77 tax) is driving this bicycle on the right side of the direction. In such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to safely drive the motor vehicle by taking into account the right side and the right side.

Nevertheless, the Defendant neglected to do so and neglected to overtake the victim, and caused the victim to go beyond the victim by shocking the victim to the right side of the above cargo, and led the victim to go beyond the victim to the right side of the above cargo.

Ultimately, at around 14:19 on the same day, the Defendant caused the death of a victim by injury to the two external injuries in a human college and a hospital affiliated with a university, which is located in the same route 27 of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with H;

1. A traffic accident report;

1. Each photograph;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as that there was a serious result of the death of a victim due to the negligence of the defendant, but the defendant is against his/her gender, that there was no criminal record of imprisonment without labor or a heavier punishment, and that there was an agreement with the

1. The community service order under Article 62-2 of the Criminal Act;