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(영문) 인천지방법원 2017.01.19 2016고단7185
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On August 16, 2016, around 07:00, the Defendant, located in Seo-gu Incheon Seo-gu, Seogu, Incheon, Jeju High School, 475, driven a three-lane road in front of Incheon High School at about 60km from the direction of the autopsy to the Seo-gu Office, Seo-gu.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph after checking whether he/she is a person to reduce the speed and to see well the right and the right of the road.

Nevertheless, the Defendant neglected this and received the victim E (the age 26) who dried the crosswalk in accordance with green pedestrian signals due to the negligence that the vehicle driving signal was driven by a red stop signal while the crosswalk signal was green signal, and was driven by the driver in front of the said car.

Ultimately, around September 10, 2016, around 10:10 on September 7, 2016, the Defendant caused the victim’s death by occupational negligence, such as a multi-long-term electric power plant at the International Sungdong University of Dol-dong, Incheon, a 100-ro, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of statutes on field photographs;

1. The site where the traffic accident in this case occurred due to the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents of Punishment, and Article 268 of the Criminal Act, where the traffic accident in this case occurred, is a place where the driver's view of the vehicle in this case is not secured due to the high-priced columns installed on the right side of the defendant's proceeding direction because the driver's view of the vehicle in this case has not been secured properly, and the defendant was driving on the one-lane road without being familiar with the ground, and it was difficult for the defendant to easily discover the victim or signal, etc. who walked to the left side on the crosswalk of the proceeding direction, and it was covered by a comprehensive insurance.

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