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(영문) 인천지방법원 2017.09.08 2017고단5273

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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

The defendant is a person who is engaged in driving a radar car.

On June 16, 2017, at around 15:00, the Defendant boarded the said car parked on the right side of the three-lanes of the three-lanes of the 3-lanes of the 3-lanes of Yongsan-gu Seoul, Yongsan-gu, Seoul, for the purpose of moving the place where approximately five minutes move.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take care of the front side and left side of the motor vehicle before departure and to prevent accidents in advance by accurately manipulating steering and brakes.

Nevertheless, the Defendant neglected this and set up a motor vehicle in front of the left side of the motor vehicle in front of the driver’s seat in front of the driver’s seat when the victim C (the 79-year-old-age-old-car), who was seated, without examining the right-hand side and right-hand side properly and without leaving the direction on the left side.

Accordingly, the Defendant caused the victim to die by his occupational negligence on June 16, 2017, at the emergency room of the Yongsan-gu Seoul National University Hospital, Yongsan-gu Seoul National University, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographss of dyshots and photographs by cutting down the dyscam images;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] general traffic accident [the scope of punishment] under Article 62-2 of the Social Service Order Act where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (two months to one year) (special mitigation) [the victim], and where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, the court shall not impose punishment (including a serious effort to recover damage) [the decision of sentence] unfavorable