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(영문) 인천지방법원 2014.04.10 2013고단8351
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 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 B 11 ton truck.

On October 3, 2013, the Defendant driven the above vehicle at around 07:46, while driving the vehicle, and driving the large bamboo shoot distance in 197, South East-gu, Incheon, Nam-gu, Incheon, along the four-lane 4-lanes from the south-dong bank to the west-dong bank.

Since there is a crosswalk in which a pedestrian signal apparatus is installed, the defendant engaged in the driving of a motor vehicle has a duty of care to safely drive the crosswalk in advance by checking whether there is any person who gets on the pedestrian signal by safely driving it, such as checking the front and rear left well, and accurately operating the steering gear and the brake system.

Nevertheless, the defendant neglected his duty of care and neglected to do so, and neglected to proceed with it, and neglected the victim C (the 42-year-old person) who crosses the crosswalk to the right side of the vehicle of the defendant with the back wheels.

Ultimately, around October 13, 2013, around 08:25, the Defendant caused the victim's death by occupational negligence, such as a multi-presidential organ, etc. at the E Hospital located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A traffic accident investigation report, internal investigation report, accident scene, and photograph of shocked parts;

1. Investigation report (the circumstances at the time of the accident);

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, ordinary traffic accident, and death or injury of traffic accidents;

(b) Special inmates: victims of mitigation elements.

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