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(영문) 인천지방법원 2016.10.05 2016고단2788

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DCo-sports car.

On March 20, 2016, the Defendant driven the above car and continued the road in the apartment parking lot, which is located in the name of Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon, to the above apartment 18 Dong-gu and 17 Dong-gu.

At the time, the victim E (the age of 87) was placed in the front of the said apartment building 17 in front of the said apartment. In such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by properly operating the steering gear and the steering gear in a correct manner.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and operation system without accurately operating the steering gear and operation system, and caused the victim to go with the front part of the said vehicle by negligence, and caused the victim to go with the F Abeo car which was parked outside the said vehicle and the fleet.

Ultimately, at around 19:40 on March 22, 2016, the Defendant caused the death of the victim due to the malutism in the Acheon-ro Hospital located in 774-gil 21, Namdong-gu, Incheon, Nam-gu, Seoul, to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of the accident site;

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

1. Article 3(1) of the relevant Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommending punishment] No basic area (8 to 2 years) of the punishment (the death of a traffic accident) of types 2 of general traffic accident (the scope of recommending punishment] [the decision of sentencing] is the first offender, the defendant seems to be in depth and reflect in depth, deposit KRW 10 million for the bereaved family members of the victim, and deposit the damage under the civil law in a comprehensive insurance policy.

However, the defendant's negligence is severe, and the victim is.