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(영문) 인천지방법원 부천지원 2012.11.14 2012고단1603
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Dmer truck truck trucks.

On September 27, 2012, the Defendant driven the above cargo vehicle at around 00:40 on September 27, 2012, followed by two lanes to the strengthening speed of the 4rd line in front of the Kimpo-si, Kimpo-si by two lanes from the Seoul to the speed of 60km, and the Defendant did not see the front side at the crosswalk where signal apparatus was installed, and instead did not go to the port from the right side of the road due to the occupational negligence of carrying out the stop signal in violation of the stop signal, and got the victim F. (27 years old), the victim G (n) on the right side of the above cargo vehicle to the right side of the road, respectively.

Ultimately, the Defendant caused the victims of the above traffic accident to die due to cerebrovassis from their respective locations.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A survey report on actual conditions and a report on occurrence;

1. Each body of a corpse;

1. On-site photographs and photographs of carcasses;

1. Application of CCTV image photograph Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing of the selective type of imprisonment without prison labor is agreed and thus the bereaved family members of the victims are not subject to punishment. However, although the defendant was a person driving for business and was in a situation requiring a higher duty of care than ordinary people, the defendant was in violation of the stop signal at the intersection as far as the letter was four-lanes, and had a pedestrian signal taken place, i.e., a new-soft father, which was a pedestrian signal, and had a pedestrian signal taken place, and the degree of negligence is very heavy, and the result of the crime was weighted, as set forth in the order.

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