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(영문) 인천지방법원 2018.04.19 2017고단8238
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 a wing and cargo vehicle.

On August 5, 2017, the Defendant driving the above cargo vehicle at around 15:56, and driving the front road of the Yeonsu-gu Incheon Metropolitan City E at a speed of about 60 kilometers per hour from the shooting distance slope to the Incheon large intersection.

Since a crosswalk is installed at a three-distance, there was a duty of care to prevent an accident by reducing speed to a person engaged in driving a motor vehicle and properly operating the brake and steering gear in a correct manner.

Nevertheless, the defendant neglected to do so and neglected to go on the front side of the bicycle driving from the right side of the defendant FF (61 tax) which was driven by the victim F. (61) who was driving a bicycle from the right side of the defendant's running direction to the left side, and caused the damaged person to go beyond the road due to the shock.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day, resulting in the victim’s excessive blood death.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Sending a survey report on actual condition and a traffic accident analysis report;

1. A death certificate;

1. Application of Acts and subordinate statutes to each photograph and accident scene drawings;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding the order to attend lectures and the order to provide community service

1. The summary of the argument is that the Defendant did not violate the traffic signals at the time of the instant traffic accident, and complied with the limited speed, and there is no negligence on the part of the Defendant.

2. Determination

(a) A person or person always on the road, even if the signals on the crosswalk are sent to the pedestrian stop and the vehicle travelling signals;

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