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(영문) 인천지방법원 2014.05.29 2013고단7619

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of a C bus owned by space speculation.

At around 20:40 on September 25, 2013, the Defendant driven the said vehicle on the front side of the new flag market located in 1315-4, Nam-gu, Incheon, Nam-gu, Incheon, and led it to the right-way from the edge of the transportation distance to the stadium for literature.

At the same time, there is a lot of pedestrian traffic, and since it is difficult to secure the view at night, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the steering system and steering gear of the motor vehicle thoroughly, accurately operate the steering system and steering gear of the motor vehicle, and safely drive the motor vehicle according to the road traffic situation and the structure and performance of the motor vehicle, and prevent the accident from occurring.

Nevertheless, the defendant's negligence in driving the two-way apartment at the right side of the vehicle, which led to shocking the body of the victim D (the age of 64) who crosses the road to the balm apartment from the balm new bank.

Ultimately, around September 30, 2013, the Defendant caused the victim's death at the Jung-gu Incheon Jung-dong Hospital around 23:48.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. The police statement concerning G;

1. A report on initial action at the scene of a traffic accident, and a report on a traffic accident;

1. On-site and vehicle photographs;

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, ordinary traffic accident, [2] traffic accident, etc.;

(b) A special person for appearance: A mitigation factor (not subject to punishment, gross negligence of the victim);

(c)general life-sustaining persons: mitigation factors (automobile comprehensive insurance).