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(영문) 인천지방법원 2018.02.28 2017고단7994

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 engaged in the operation of Cbents' automobiles.

On August 26, 2017, the Defendant driven the above vehicle at around 20:15, and led to the progress of the road in front of Jeju Special Self-Governing Province, Jeju Special Self-Governing Province, into the Do-Eup/Myeon.

At night at the time, the victim E (91) was at the front of the defendant, and the driver of the motor vehicle was at the left-hand side from the right-hand side of the defendant's proceeding, so there was a duty of care to look at the front side and the left-hand side of the motor vehicle and to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and got the victim as the front part of the Defendant’s vehicle due to negligence.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on August 26, 2017 at the Jeju Special Self-Governing Province Jeju-do Hospital 65 Jeju-ro, Jeju-do, Jeju-do, to death due to low-blood shocks, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement of the police inspection;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A report on internal investigation (blue video images);

1. Application of the Acts and subordinate statutes on death, deceased’s photograph;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the ordinary traffic accident [the person subject to special sentencing] - The mitigated element: the victim is also at considerable fault in the occurrence of traffic accidents or the expansion of damage [the scope of the recommended sentence] mitigated area [the scope of the recommended sentence] four months to one year from the credit cooperative [the person subject to general sentencing] mitigated element: the purchase of comprehensive motor vehicle insurance and the strong reflective nature2.