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(영문) 인천지방법원 2016.03.31 2015고단7880
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant driven B cargo vehicles around 07:35, and proceeded at a speed of 34.9 km each hour from the marbbbing to the 34.9 km each hour, along the two-lanes in front of the 847 marbing distance from the marbing off of the marbing, Incheon Gyeyang-gu.

In this case, there was a duty of care to safely drive a pedestrian crossing on the front door, so if there was no pedestrian crossing to cross the pedestrian crossing, the person engaged in driving service has a duty of care to safely drive it.

Nevertheless, when the defendant neglected this and proceeded by negligence, the defendant met the front part of the left side of the motor device and bicycle without the driver's license of the victim C (91C) who proceeded with the above crosswalk in the left-hand side of the road while the pedestrian signal is red from the right-hand side of the defendant's right-hand side.

Ultimately, around September 2, 2015, at around 10:06, the Defendant caused the victim's death by occupational negligence, such as the multiple growth season, etc. at the E hospital located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to F;

1. A copy of the actual survey report;

1. Application of Acts and subordinate statutes to a copy of 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. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Observation, etc. is that the Defendant neglected the driver’s duty at the front direction while neglecting the driver’s duty and led to the death of the victim in light of the circumstance of the instant crime committed by the motor device bicycle driven by the victim while neglecting the driver’s duty at the front direction, and thus, the crime is not easy, but the Defendant is within the intersection according to the signals of the signal apparatus at the intersection.

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