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(영문) 인천지방법원 2019.07.24 2019고단1533

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a string and freight vehicle B.

On January 17, 2019, the Defendant driving the above cargo vehicle which was not covered by the mandatory insurance for motor vehicles at around 08:49 minutes, and proceeded with the 195-lane road in the 195-ro, Seosan-gun, Incheon, Incheon, from the 3-distance off to the C elementary school.

In this case, there was a duty of care for those engaged in driving of motor vehicles to live well in the front left and drive the steering and brake system accurately and safely.

Nevertheless, the Defendant neglected to do so and proceeded on the front part of the bicycle back part driven by the victim D (the age of 82) in the front section of the above cargo vehicle.

Ultimately, at around 11:42 of the same day, the Defendant caused the victim's death by cerebral cerebral cerebral cerebral e, etc. at the F Hospital located in Incheon Strengthening-gun E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and a photograph of each site, and a map;

1. A report of the change, photo of the body of a deceased person, written result of autopsy and postmortem examination;

1. Sending traffic accident analysis reports, and applying Acts and subordinate statutes of the Mandatory Insurance Information Inquiry Agency;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles not covered by mandatory insurance,

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents] [Determination of Punishment] Traffic Accidents (Type 2] The basic area of the death of traffic accidents [the scope of the recommended area and the recommended range], the imprisonment without prison labor for August to 2.