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(영문) 인천지방법원 2018.07.11 2018고단3408
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 the duty of driving Category C cargo vehicles.

On February 1, 2018, the Defendant driven the above cargo vehicle around 10:00, and proceeded to turn to the left at about 20 km of speed in the direction of Samsan Park in the direction of the traffic park in the direction of the Incheon Bupyeong-gu.

On the other hand, there was a crosswalk where signal lights are not installed at the front door, so in such a case, there was a duty of care to safely drive the crosswalk by checking whether there is a person who gets on a crosswalk by reducing the speed and by checking well the right and the right and the right of the driver.

Nevertheless, when the Defendant neglected to turn to the left as is, the Defendant got the victim E (70) who was a victim of the horse at the above cargo crossing due to negligence, and got the victim E (70) the front part of the cargo vehicle.

Accordingly, the Defendant caused the victim to die due to such occupational negligence on February 3, 2018, by an additional hospital affiliated with the Gancheon-do University, which was located in 170 as the floor of Seocheon-do, Seocheon-do, Gyeonggi-do (Seoul) around 19:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs of the scene of accidents;

1. Application of Acts and subordinate statutes of a 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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

A disadvantageous condition: A favorable condition such as the occurrence of a serious result of the death of the victim due to the instant accident: The defendant reflects his mistake, the defendant agrees with the bereaved family of the victim, and the vehicle operated by the defendant.

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