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(영문) 인천지방법원 부천지원 2019.08.27 2019고단1032
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a IMN towing vehicle B.

On December 27, 2018, the Defendant driven the towing vehicle around 19:54, and driven the two-lane of the two-lane road near Kimpo-si, Kimpo-si, along two-lanes from the shortest distance.

At the time, the bus stops and crosswalks are installed at night and there are frequent pedestrian traffic. In such a case, a person engaged in driving duty has a duty of care to check whether there is a pedestrian on the road, and to safely drive and prevent accidents.

Nevertheless, the defendant neglected this and got the victim D (the age of 84) who was standing a road beyond the crosswalk from the right side of the direction of the defendant's proceeding to go beyond the ground by neglecting it.

Ultimately, the Defendant caused the victim's death from the occupational negligence above to the multiple trauma.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a body autopsy report, and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes governing accident site photographs and black booms photographs;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

2. Determination of sentence: The victim shall be punished by the instant crime committed during the period of eight months of imprisonment without prison labor or two years of suspended execution;

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