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(영문) 인천지방법원 2015.12.23 2015고단6717
교통사고처리특례법위반
Text

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

except that 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 freight truck.

피고인은 2015. 8. 31. 05:20경 위 화물차를 운전하여 인천 동구 새천년로 38에 있는 동산휴먼시아2단지아파트 앞 편도 3차로의 도로를 박문사거리 쪽에서 재능대 쪽으로 2차로를 따라 시속 약 30km 로 진행하여 위 아파트 앞 ‘ㅏ'자형 삼거리 교차로에 진입하여 직진 주행하였다.

Since the crosswalk was installed at the end of the intersection, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who gets on the right and the right of the road well and to safely drive the road.

Nevertheless, the Defendant neglected this and went through the intersection without looking at the front side of the Defendant’s cargo, and caused the victim to go beyond the center line of the above road. The Defendant did not find out that the victim E (the age of 86) was standing to the port from the right side of the Defendant’s moving along the bicycle, and did not find out that the victim E (the age of 86) was standing to the left side of the crosswalk from the Defendant’s moving along the bicycle, and caused the victim’s head to go against the front side of the Defendant’s cargo, and caused the victim to go beyond the center line.

Ultimately, the Defendant caused the death of the victim due to the injury to the two parts of the external wound in the workplace by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) (Article 4-10).

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