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(영문) 인천지방법원 부천지원 2018.01.17 2017고단2816
교통사고처리특례법위반(치사)
Text

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

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

피고인은 B 포르테 쿱 승용차의 운전업무에 종사하는 사람이다.

On August 11, 2017, the Defendant proceeded with the two-lane road in front of Manan-gu, Manan-gu, Sanyang-si, Sanyang-si, at a 00:00, toward the direction of the inside of the parallel at the inside side of the parallel, and proceeded at an insular speed depending on the parallel.

At the time, it is night and located near the private street crossing in the front of the road, so in such a case, the driver of the vehicle has a duty of care to check whether there is a pedestrian on the crosswalk by reducing the speed and by properly examining the right and the right of the road, and to prevent the accident in advance by driving safely.

Nevertheless, the Defendant neglected this and neglected to stop in front of the front stop line of the crosswalk and proceeded without taking measures such as temporary suspension in front of the crosswalk, etc., and did not discover the victim D (L, 65 years old) where the above crosswalk was placed on the right side of the crosswalk and received the victim as the front part of the said car.

Ultimately, the Defendant by occupational negligence caused the death of the victim to the satisfic shock caused by the satisfic shock from the satisfic transfusion at the Gelim University Satfic Hospital located in Ansan-si on October 11, 2017, by the satfic shock caused by the satisfic shock in the satisfic body of the Gelim University.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, and diagnostic certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's negligence on the grounds of sentencing Article 62-2 of the Criminal Code of the Social Service Order is reasonable, and the victim's death has resulted in a serious result.

The defendant's mistake is recognized and reflected.

There is no criminal history prior to the instant case.

It was agreed to pay 50 million won to the bereaved family members of the victim.

(2).

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