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(영문) 인천지방법원 2015.07.01 2015고단1441
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for six months and by imprisonment without prison labor for eight months, respectively.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

피고인들은 2014. 12. 9. 11:10경 인천 강화군 양도면 강화남로에 있는 양도간 203 전신주 앞 도로에서, 피고인 A은 하일리 방면에서 해안도로 방면을 향하여 시속 26킬로미터의 속력으로 C 포터차량을 운전하여 진행하고, 피고인 B는 동녘해마을 방면에서 옹일뿌리마을 방면으로 시속 47킬로미터의 속력으로 D 덤프트럭을 운전하여 진행하게 되었다.

Since there is no line narrow and centering in the length of the intersection, a person engaged in driving service has a duty of care to drive a vehicle in order to drive the vehicle in front, rear, and right and right in good manner, and to stop or slowly drive the vehicle when another vehicle passes.

Nevertheless, the Defendants neglected this and caused the collision between the front part of the dump truck driver's seat and the front part of the dump truck.

Ultimately, the Defendants jointly and negligently killed the victim E (the age of 62) who was aboard the said Poter vehicle due to occupational negligence.

Summary of Evidence

1. Defendants’ legal statement

1. The actual condition survey report;

1. On-site photographs, requests for analysis of traffic accident technology, and answers;

1. Application of Acts and subordinate statutes of a death certificate;

1. Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 268 and 30 of the Criminal Act, and the choice of imprisonment without prison labor;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A [Limits of Recommendation] The mitigated area (4 to 10 months) (Special Mitigation) of the mitigated area (including efforts to recover damage) of the mitigated area of the general traffic accident - [Decision of Declaration] - The favorable circumstances: The fact that there is no record of having been punished by imprisonment without prison labor or a heavier punishment with the bereaved family of the victim; the fact that there is no record of agreement with the bereaved family of the victim; and the fact that the Defendant is significantly different from the traffic accident of this case - The victim died.

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