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(영문) 인천지방법원 부천지원 2019.02.19 2018고단2787
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a landing season B.

On June 21, 2018, at around 07:25, the Defendant driven the above digging range, and moved to the intersection of the “fence distance” located in 12-ro, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a way to reduce the speed and to see well the right and the right of the motor vehicle, and to safely drive the motor vehicle in accordance with the traffic signal in order to prevent the accident in advance.

Nevertheless, the defendant neglected this and neglected it and led the victim C to the left side by using the crosswalk in accordance with the pedestrian signals by the negligence of bypassing it as it is, however, the victim C (the age of 31) was the front right side of the locker driving by the defendant.

Ultimately, at around 07:43 of the same day, the Defendant caused the death of the victim due to low-blood shock, multiple scams, etc. on the road on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. A written result of autopsy;

1. Inquiry into the enemy;

1. Signal frequency table;

1. On-site photographs, audio-visual photographs, CCTV images adjacent to the scene, and photographs to take a course;

1. Application of statutes using a construction machinery operator's certificate;

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor [the scope of recommending punishment] The mitigated area (4 to 1 year) [including efforts to recover damage] mitigated (4 to 1 year] (including special mitigation] (the decision of sentencing] (the decision of sentence] crime of this case results in the death of a victim who gets on a crosswalkd by the Defendant while driving a locker and making a right-hand turn off).

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