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(영문) 인천지방법원 2018.05.09 2018고단864

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in driving of a small or medium-sized vehicle in E.

On December 22, 2017, the Defendant driving the above vehicle at around 00:40 on December 22, 2017, driving the G hotel located in F in Nam-gu Incheon Metropolitan City along the one lane in the direction of south-dong from the same Gu art route to the same south-dong as that of the same Gu, and made the turn to the left at a speed of 30km per hour in the direction of the same art route (Statistical Office) 140km.

Since there is an intersection where no signal is installed, a driver has a duty of care to temporarily stop prior to left the left and safely drive the front door and the left and prevent the accident in advance.

Nevertheless, the victim H (57) was not found to open the above intersection due to the negligence of the left-hand turn, and the victim was placed on the road due to the shock of the victim's bridge, and the victim was placed on the road due to the shock, and the victim was placed on the top of the left-hand edge of the above sub-a-car, without discovering the victim H (57 ).

As a result, the Defendant caused the death of the victim of occupational negligence on January 3, 2018, at the family-dong-dong Incheon Metropolitan City, where the victim was under transmission treatment after around 08:40 on January 3, 2018, due to the above occupational negligence, from the patient room in the Gacheon-dong Hospital, which was 774-gil, to the death of the victim of the sacrific species.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, 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, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (from April to one year) is mitigated (the number of persons subject to special mitigation] of the two types of general traffic accidents;

2. The defendant who has rendered a sentence violates his duty to drive safety;