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(영문) 인천지방법원 부천지원 2018.04.12 2018고단357
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 is a person who is engaged in driving Category C 2 vehicles.

On September 27, 2017, the Defendant driven the above vehicle at around 16:20, and driven the above vehicle at around 16:20, the two-lane of the 11-lane of the Kimpo-si, Kimpo-si, Kimpo-si, the two-lane of the apartment in front of the letter of apartment, was straight along the two-lanes from the direction of the matroke apartment.

Since there is an intersection where a signal, etc. is installed, there was a pedestrian crossing, the defendant engaged in driving of the motor vehicle had a duty of care to check whether there is a person driving the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident.

Nevertheless, the Defendant neglected this and proceeded in contravention of the signal, and discovered the victim D (9 ) to the left side of the direction of the Defendant’s running along the pedestrian signals at late, operated the Hand to the port, and operated the Hand to the port, but did not avoid it, and received the victim from the front of the right side of the Defendant’s driving vehicle.

Defendant D caused a traffic accident due to such occupational negligence and caused the victim D to die at a medical care hospital around 01:26 on September 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (booms, ctv images, and violation of signal);

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A death certificate;

1. Making teas;

1. Application of the Acts and subordinate statutes to cut off ctv images in the accident scene photographs, cross-section signal image capss, ctv image capss, ctv image capss for crime prevention, ctv image imagess

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 of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of recommended punishment] is the basic area of two types of traffic accidents (the death of traffic accidents) (eight months to two years).

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