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(영문) 인천지방법원 2016.11.09 2016고단5344

교통사고처리특례법위반(치사)

Text

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

except that the execution of the above punishment shall be suspended for 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 service of the case B(K)3.

On July 23, 2016, the defendant operated the above car on July 13:25, 2016 and proceeded with the 7th national highway according to two lanes in front of the Mapo-do Public Security Center.

At the time, the victim C(74 years old) driving is driving along the side on the right side of the defendant, so in such a case, there was a duty of care to prevent accidents in advance by driving the steering gear and the steering gear accurately.

Nevertheless, the Defendant neglected this and did not accurately operate the steering gear and the steering gear without accurately operating the steering gear and the steering gear, which led the Defendant to go beyond the floor by taking the part of the right-hand hand on the left-hand hand of the said motor vehicle into the right-hand hand part of the said motor vehicle.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the second injury.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) a report on a traffic accident, a survey report, and a closure of a black stuff;

1. Application of Acts and subordinate statutes concerning autopsys;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents (Type 2 (Type 4-1) (Class 4-1) (Special Mitigation) (including serious efforts to recover damage) [Pronouncement Decision] - favorable normal circumstances: around 2014, there is no criminal record except for those sentenced to a fine of one million won due to a crime of violating the Road Traffic Act as a crime of violation of the Road Traffic Act; comprehensive insurance coverage; subscription to comprehensive insurance; agreement with the victim’s bereaved family members; the victim has died.