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(영문) 인천지방법원 2016.06.15 2016고단1773

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 C observer car.

On January 13, 2016, the Defendant operated the above car at around 14:32, and made a left turn to the left at the same 7-side surface from the 8-side surface of the apartment complex of the same apartment complex to 702, from the 1005-dong, Nam-gu, Incheon Metropolitan City.

At the same time, the frequent passage of people by using a road in an apartment complex. As such, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by driving the steering gear and brakes accurately and safely.

Nevertheless, the defendant neglected this and did not accurately operate the steering gear and brakes without accurately operating the steering gear and steering system, and did not turn to the left, and the victim D (75 years old) who gets left from the right side as the front part of the above car and had it exceeded the floor.

Ultimately, the Defendant caused the death of the victim by occupational negligence as a result, at the Acheon-ro Hospital located in 774, Namdong-dong, Incheon, Nam-gu, Incheon, on January 16, 2016, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Five copies of the photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act - [the scope of recommended punishment] (the person who has been specially mitigated from April to October) in the mitigation area (including efforts to recover damage] - favorable circumstances; - the fact that there was no previous conviction for the same kind after around 1995; - the fact that there was no agreement with the victim's bereaved family members; the defendant's negligence was committed; the victim died.