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(영문) 인천지방법원 2015.11.23 2015고단6366
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 car with 25 tons or more.

On August 25, 2015, at around 16:49, the Defendant moved the six-lane road in front of the D station in Dong-gu Incheon Metropolitan City, Dong-gu, from the pump funeral distance to the modern railroad along six-lanes, to the said station, and entered the station via a sidewalk, by moving about about 5 to the speed of 10km from 5 to 10km.

Since there was an access road to a station where a bicycle lane is installed, the defendant engaged in driving service has a duty of care to safely enter the station after checking whether there was a person who passed a sidewalk or a bicycle track or a bicycle, etc. before entering the sidewalk bypassing it.

Nevertheless, the Defendant neglected to do so and did not discover the victim E (the aged 61) who was going to the modern steel with a bicycle going to the modern steel, and had the victim go to the road due to the front side of the cargo vehicle of the Defendant, and continued to proceed about 8m of the cargo of the Defendant.

The Defendant caused the death of the victim due to such occupational negligence as above, which caused the death of the victim due to cardiopulmonary suspension, etc. in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the violation of criminal conduct, joining a mutual aid association, and reaching an agreement with the victim's bereaved family members);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the decision of types] for general traffic accidents (the death of traffic accidents) - The punishment for mitigation factors (including efforts to recover damage) - The recommendation range for mitigation area.

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