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(영문) 인천지방법원 2016.05.12 2016고단1228
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two 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 a D trucks.

On November 21, 2015, the Defendant operated the above truck on the 19:25 on the 19:25 on November 21, 2015, and led to a small distance of old month located in 752, Nam-gu, Incheon, Nam-gu, Incheon, to an influence of sand dives from the south-gu, Nam-gu, Seoul to an influence

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to safely drive the vehicle and prevent the accident in advance by safely checking whether or not there is a person driving the vehicle, such as reducing speed and checking the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected this and did not discover the victim E (47) who walked along the crosswalk from the right side of the said truck in accordance with the new subparagraph by negligence bypassing the signal when the pedestrian signal, etc. is a green light, and received the part on the right side of the said truck as part of loading it on the right side.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on December 8, 2015, at the Gacheon-ro Hospital located in 774, Namdong-gu, Incheon, Namdong-gu, Incheon, as it was about 20:48.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders is that the Defendant, as a cargo driver, has neglected his/her duty to comply with the traffic-related Acts and subordinate statutes, and thus, he/she is a pedestrian on the part of bypassing in violation of the signal at the intersection.

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