(영문) 인천지방법원 2016.09.28 2016고단4352

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(영문) 인천지방법원 2016.09.28 2016고단4352

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 driving of K5 si.

On May 10, 2016, around 20:50 on May 10, 2016, the Defendant moved down the distance from the course of study from the new training station to the area of the Southern East-dong Authority at a speed of about 20 km in speed.

At the time, at night, and at the front of the place where the Defendant was rounded, the crosswalk was installed, so in such a case, there was a duty of care to safely drive by checking whether there is a pedestrian while driving the Defendant.

Nevertheless, the defendant neglected this and got the victim C (the 50-year old) who was standing a crosswalk as the front part of the defendant's taxi, and was using it on the road, and was getting the victim to board the front front part of the defendant's taxi.

As a result, the Defendant caused the death of the victim due to the above occupational negligence, such as serious pulmonary damage and dypology, which were transferred to the Nam-gu Incheon Metropolitan City, Nam-gu, 774-ro 21, Nam-dong, Nam-gu, Incheon, by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Relevant photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] for the general traffic accident [the grounds for sentencing under Article 62-2 of the Order to Attend shall be [the grounds for sentencing] : (2) the mitigation area (4-1 year) / [the person with a special mitigation] / [the sentence] / the non-execution of punishment (including serious efforts to recover damage] / [the sentence] / there is no record of imprisonment without prison labor or heavier punishment; (2) there is no record of agreement with the victim; (3) there is no fault of the defendant; and (4) there is

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