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(영문) 인천지방법원 2017.10.20 2017고단6255
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 service of BCA100.

around 15:19 on May 26, 2017, the Defendant driven the above Oba, and proceeded with the roads near the ‘D' coffee shop in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, with the view to the protection of the pulosian at the network discount.

On the other hand, there was a crosswalk in which signal lights were not installed, so it was necessary to verify whether there is a person driving service who gets on the way to reduce the speed for the person engaged in driving, and if there is a person who gets on the crosswalk, it was obliged to temporarily stop and proceed with driving or yield the way to the person.

Nevertheless, the defendant neglected to stand the road on the right side by using the crosswalk as it is by negligence while driving the crosswalk as it is, and found late later the victim E (the 60-year old age), and operated the hand to the right right side to avoid this, but the defendant loaded the body of the victim on the right side without being faced with it.

Accordingly, on July 18, 2017, the victim died from the cardiopulmonary brain damage, etc. in the G hospital located in the Yeonsu-gu Incheon Metropolitan City F on July 18, 2017.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each photograph (3 through 5) and the closure of the CCTV for crime prevention;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The area of mitigation (4 months to 1 year) (the person who has been specially mitigated) is not punished.

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