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(영문) 인천지방법원 2018.12.12 2018고단5838
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On July 4, 2018, the Defendant driven an above cargo vehicle around 09:13, and proceeded ahead of the exit road of Incheon Gyeyang-gu, which is located in Incheon Gyeyang-gu, along three-lanes from the shooting distance of the operation to the direction of the light-class shooting distance.

At the vicinity of the intersection, commercial buildings were anticipated to cross without permission in and around the vicinity, and a taxi that was going on the two-lanes prior to the Defendant at the end of the course was found to have been the victim C (n, 77 years old) who was crossinged without permission, on-and-off and stopped emergency lights. In such a case, a person engaged in driving a vehicle has a duty of care to reduce the speed and thoroughly operate the steering system and the steering system, and to prevent accidents by properly operating it.

Nevertheless, by negligence that the Defendant did not thoroughly see the front road in order to view the mobile phone, the Defendant did not discover the victim who was crossing the road from the left side to the right side, and received the victim from the front side of the cargo vehicle.

As a result, the Defendant caused the victim to die from the E hospital located in Gyeyang-gu Incheon Metropolitan City D on the same day at around 09:51 of the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. The basic area (eight months to two years) (any person who is subject to special sentencing) of the sentencing criteria [the scope of recommended punishment] and the basic area (eight months to two years) for general traffic accidents;

2. The occurrence and expansion of damage was caused to a person who suffered from a sentence to cross without permission at the eight-lane line.

Vehicles operated by the defendant are covered by comprehensive motor vehicle insurance.

However, even if the view did not interfere, the defendant will take the front of a considerable time.

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