(영문) 인천지방법원 2017.12.20 2017고단6762

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.12.20 2017고단6762

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA treatment track.

On June 10, 2017, the Defendant driving a Tracker around 09:30 on June 10, 2017, which led to the left turn to the third wharf of Incheon Port 365-1 as the Seo-gu Incheon Jung-gu.

At this point, since signal lights are installed, there was a duty of care to reduce the speed to a person engaged in the business of driving a motor vehicle and prevent accidents in advance by driving the motor vehicle in accordance with the code of proceeding.

Nevertheless, the Defendant neglected this and received the part of the upper left part of the Fpoter 2 in front of the left part of the Fpoter 2 in the upper left part of the Fpoter 58 driving in the opposite direction due to occupational negligence in the course of the left part of the stop line in violation of the signal.

Ultimately, the Defendant caused the death of two parts from the same occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to dead bodies;

1. The grounds for sentencing under Article 3(1) of the relevant Act of criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act [the scope of the recommended punishment] [Article 2 of the Criminal Act] where the victim was negligent in causing traffic accidents or expanding damage in the area of special mitigation (two months to one year), [the victim] where there is a considerable fault in causing traffic accidents or expanding damage, the sentence is not imposed (including a serious effort to recover damage] [the sentence] [the decision] of the defendant's age, sex, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively taken into account the sentencing conditions shown in the trial process of the instant case, including the following circumstances.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The victim has agreed with his bereaved family and the mutual aid association.

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제268조

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