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(영문) 인천지방법원 2016.09.29 2016고단4636

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 one year 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 vehicle B (K) 5.

On June 9, 2016, the Defendant driving the said car around 20:50, and driving the said car on the three-lane road in front of the Namdong-gu Incheon Metropolitan City, Incheon, at the “C T&K Holdings” page, the Defendant continued to drive approximately 40 km per hour depending on two-lanes.

At night, the victim D(50) was crossing the vehicular road to the right side on the left side, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident in advance by accurately manipulating the steering gear and the operation of the steering gear.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes, but did not properly operate the steering gear and brakes, and caused the victim who crossed the roadway to the right side from the left side of the vehicle to go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence at the Acheon-ro Hospital located at 774, Namdong-dong, Incheon, Nam-gu, Seoul, on June 15, 2016, by 08:15.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for A and E;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Protection, etc. is that the Defendant, while driving a motor vehicle, neglected to perform his/her duty of front-way and right-hand and right-hand driving, led to the death of the victim.