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(영문) 인천지방법원 부천지원 2016.12.09 2016고단2815
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2016, the Defendant is a person who is engaged in driving D's franchise 18 tons or higher truck, and operated the above truck on July 9, 2016, and led to the intersection of the private distance from the Incheon west-gu off to the Seoul west-do off.

Since there is a place where traffic is controlled by signal apparatus, the defendant engaged in driving of the motor vehicle has a duty of care to take care of the front and rear left well, observe the signal, and safely prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to turn to the left, in violation of the signal at the intersection, and caused the victim to fall off on the road by shocking the front part of the right side of the victim E (the age of 34) driven by the victim E (the age of 34) who was working on the Incheon bank in accordance with the signal at the Madung Intersection, to the right side of the truck loading box operated by the Defendant.

As a result, the Defendant caused the victim to die from his occupational negligence to his heart pressure and dysium in his job.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. Blue box photographs of vehicles;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Sentencing criteria [Scope of Recommendation] General traffic accident Type II (Death resulting from Traffic Accidents) (4-1 years) (including serious efforts to recover damage), the area of mitigation (4-1 years), the area of punishment is not subject to punishment (including special mitigation);

2. The fact that the defendant who has rendered a sentence has negligently violated the signal, has caused the victim to lose his/her life;

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