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(영문) 인천지방법원 부천지원 2019.07.10 2019고단787
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 engaged in the operation of the B-to-pur vehicle.

On January 12, 2019, the Defendant driven the above car at around 06:50 on January 12, 2019, and moved the intersection in front of the C building in the direction of the fire station.

Since there was a bicycle road on the right side of the road where the defendant was proceeding and the right side of the road where the defendant was about to enter is located along the bicycle road and crosswalk, the driver of the motor vehicle had a duty of care to reduce speed to those who are engaged in driving the motor vehicle, to properly manipulate the steering and the right side of the motor vehicle, and to prevent accidents by accurately manipulating the steering and the steering system.

Nevertheless, the Defendant neglected this and operated a bicycle by negligence that is bypassing along the two-lanes without reducing speed, and led the victim to the left-hand part of the victim D (78 years old) who passed the crosswalkd on the bicycle crossing to the front direction of the passenger car operation, and led the victim to go beyond the road along with the bicycle.

Ultimately, around January 12, 2019, the Defendant caused the death of the victim at the E University Hospital affiliated with the E University due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of an accident site photograph, accident scene photograph,CCTV image photograph, and Acts and subordinate statutes on victim photograph;

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

1. Article 62 (1) of the Criminal Act;

1. The occurrence of traffic accidents by the defendant's negligence with the reason of sentencing Article 62-2 of the Criminal Act led to the death of the victim, the occurrence of the traffic accidents in this case, the degree of negligence of the defendant, the fact that the defendant recognizes and reflects his mistake, and the agreement with the victim's bereaved family.

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