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(영문) 인천지방법원 2016.03.09 2015고단7414

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

around 21:39 on August 10, 2015, the Defendant driven a car with CMobuban, and proceeded to the right-hand turn from 107 to 112 directions in the direction of 114 roads along a one-lane road located in Nam-gu Incheon Metropolitan City, Nam-gu, pursuant to the 138-ro 138-ro, Nam-gu. On the left-hand turn, the Defendant, due to occupational negligence, caused the victim D (43 years old) who opened a road from the right-hand side of the said car to the left-hand side of the said car to go to the ground, and caused the victim's chest side with the right-hand side of the said car, caused the victim's brain death, and caused the victim's brain death to the victim's brain, and on August 30, 2015, the Plaintiff took a high-level treatment of the victim's 27-dong hospital in Incheon Nam-dong, Incheon Metropolitan City around 18:26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act (i.e., the first crime, the reflective fact, and the agreement with the bereaved family members of the victim);