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(영문) 인천지방법원 2015.04.29 2015고단1029
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of C urban bus vehicles.

On January 9, 2015, the Defendant driven the above vehicle at around 09:55, and proceeded at a speed of about 46 km from the east side of the family to the speed of about 32km from the east of Incheon Gyeyang-gu.

Since the place is a three-distance intersection where signal apparatus is installed, a person driving a motor vehicle has a duty of care to live well on the front side and the right and the right, and to operate a motor vehicle safely according to signal apparatus.

Nevertheless, the defendant was driven by the victim D (the aged 47) who had left to the left from the Cheongcheon-do from the right side of the new rithal distance pursuant to the new code by negligence in violation of the signal signal to the red stop signal, and was driven by the victim D(the aged 47) in front of the defendant's vehicle.

As a result, the Defendant caused the death of the victim who was receiving medical treatment at a Katol University Hospital located in Seo-dong 291, Seo-gu, Incheon, Seo-gu, Incheon on the same day due to the above occupational negligence, caused the death of the victim due to pulmonary s

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Bluckings, videos and field photographs of vehicles;

1. Application of death diagnosis certificates and Acts and subordinate statutes governing the body of victims;

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

1. Reasons for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act (the scope of recommending sentence) of the Act on the Suspension of Execution (the scope of recommending punishment) is general traffic accident category 2 (the area of mitigation (of April to October) [Special Mitigation] [including efforts to recover damage], Defendant’s decision not to punish a person who has been sentenced to imprisonment without prison labor or heavier punishment], the fact that there is no past record of punishing a person who has been sentenced to imprisonment without prison labor or heavier punishment, the victim’s bereaved family members and the victim’s bereaved family members, while the defendant committed serious damage, and the case occurred due to the mistake that the defendant entered the intersection by violating the signal.

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