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(영문) 인천지방법원 부천지원 2016.10.06 2016고단1941

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 9, 2016, at around 08:05, the Defendant driven a sealed truck with B, and proceeded at about 40 km a speed of 3 lanes in front of the D cafeteria located in Seocheon-gu, Seocheon-si C, Seocheon-si, with the direction of the erode station from the direction of the erode station.

In such a case, despite the fact that a person engaged in driving of a motor vehicle has a duty of care to prevent an accident by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and to prevent the accident, the defendant was given the victim E (the 7 years old) (the 77 years old) who was driving on the left side of the direction without permission, due to the negligence of neglecting it.

At around 11:56, May 13, 2016, the Defendant caused the death of a victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents (list 1), death certificate (list 6), hospital medical records (list 11);

1. A report on investigation (list 8);

1. Application of Acts and subordinate statutes to photographs (list 3);

1. Relevant laws concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, there is a significant fault in the occurrence of a traffic accident even for the victim (i.e., confession, serious reflectness, absence of a suspended sentence or more, and the victim has committed considerable negligence. On the other hand, the victim's bereaved family members shall be punished by agreement by payment of a comprehensive motor vehicle insurance policy, criminal agreement amounting to 23 million won) and unfavorable circumstances (in spite of the past two times of the occurrence of a traffic accident and of criminal punishment by neglecting the duty of care as a driver, resulting in the occurrence of a traffic accident and resulting in the death of the victim). In addition, all of the sentencing factors indicated in the instant case, such as the age, character and conduct of