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(영문) 인천지방법원 2017.10.11 2017고단5699
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 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 a cargo vehicle with a tonnage of 21 ton of X-M.

On May 20, 2017, around 08:05, the Defendant, along the three-lanes of the three-lane road in front C in front of C in front of C in front of C in front of C in front of C in front of C in front of C in front of C, was driving the said cargo at the Cheongdohumbing plane from the Cheongdoh, and became a right-hand part of the

Since there is a pedestrian crossing installed, a person engaged in driving service has a duty of care to live well in the direction of the path and the right and the right of the road, such as whether there is a person crossing the sidewalk, and to safely make a right-hand.

Nevertheless, the Defendant neglected to do so and did not discover the victim D (W, 64 years of age) who was crossing a bicycle on the crosswalk green on the crosswalk by his negligence, and had the victim go beyond the front wheels part of the Defendant’s vehicle with the front wheels, and served the victim with the rear wheels.

As a result, the Defendant caused the victim's death by occupational negligence at the F Hospital located in the Heung-gu Seoul Metropolitan Government E at around 09:07 on the same day due to multiple organ damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Large Cargo Vehicles, the Defendant committed the instant crime of causing the death of the victim by neglecting his/her duty to crypt the front door and the right and the right at the intersection while driving a large truck. The Defendant committed the instant crime of causing the death of the victim, who entered the crosswalk in order to build a new road for pedestrians’ safety.

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