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(영문) 인천지방법원 2017.09.25 2017고단4143
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 of C16 tons concrete mixtures trucks.

On May 6, 2017, around 17:48, the Defendant driven the above vehicle on a three-lane of the 345 Mam-ro, Bupyeong-gu, Incheon, by driving the said vehicle on a three-lane of the 345 Mamn-gu, Man-gu, Incheon, and proceeded along the three-lane from the Sama funeral distance to the Mamn-gu, Young-gu, and led to the right way to the original mountain tunnel.

Since a crosswalk is installed on the right side of the running direction, a person engaged in driving of a motor vehicle has a duty of care to confirm and proceed as to whether there is a person who has a right-hand side and right-hand side.

Nevertheless, the Defendant neglected this and went to the right side of the Defendant, and the victim D (the age of 55) who was a pedestrian-hode crosswalk from the right side of the Defendant’s vehicle to the left side of the road in the direction of the Defendant’s coming to the front part of the Defendant’s vehicle, followed the victim.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim from the seat, namely, double alley, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

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 Protection, Observation, etc. of Large Trucks is that the Defendant, while driving a large truck, neglected to perform his/her duty to see the right and the right at the intersection, thereby making a bypassing the crosswalk pursuant to the pedestrian signals, and caused the death of the victim by shocking the victim who was walking the crosswalk pursuant to the pedestrian signals, but the relevant crime is not good, but the victim is covered by the comprehensive insurance.

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