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(영문) 인천지방법원 부천지원 2018.01.26 2017고단2814
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who is engaged in driving of D-wing and 3 chemical vehicles. On August 14, 2017, the Defendant: (a) around 08:25, Kimpo-si, Kimpo-si, about 08:25, the first way way of the apartment of 1:7 p.m. in front of the 1:77 p.m. Mapo-si, grain 1, and the second way to the 119 safety center face of both villages from both sides of the 1.0 p.m. village; (b) due to occupational negligence, the Defendant did not find the victim E, who was standing on the left side from the right side of the Defendant’s running in the direction of the Mapo-si, and had the victim go beyond the ground on the front side of the said vehicle; and (c) caused the death of the victim from the Japanese Medical Hospital at around 12:05, Kimpo-si, Kimpo-si, Kimpo-si, 3:283, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on traffic accidents and a survey report on actual condition;

1. A death certificate and a medical treatment record;

1. Application of Acts and subordinate statutes to photographs by cutting off the scene photographs, photographs, and CCTVs of an accident;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order by Defendant, while driving a cargo and neglecting his duty to turn to the left, resulting in the collision between the injured party and neglecting his duty to turn to the left, and the injured party committed his death. As such, the result of the instant accident is very serious and the Defendant’s responsibility is not somewhat weak.

Due to the instant accident, it seems that the shock and loss of the victim's bereaved family members were very high.

However, the fact that the defendant's mistake and reflects, and the defendant's view was made by another vehicle immediately before the defendant makes a left-hand turn, and the damaged person seems to pass through the blind spot of the defendant (other than this).

In spite of this, there is a person to build a crosswalk.

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