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(영문) 인천지방법원 부천지원 2014.10.08 2014고단1802

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a set of car B.

The Defendant, around 12:30 on June 2, 2014, driven the said car parked in the underground parking lot of the 19-28-gil, Seocheon-si, Seocheon-si, Nowon-gu, 164-do, 164-do, in the direction of exit.

As such, the defendant engaged in driving of a motor vehicle has a duty of care to take a full-time and right-hand side well and to accurately manipulate the steering gear and prevent accidents in advance.

Nevertheless, the Defendant did not find the victim C(77 years old) in front of the car driven by the Defendant due to the negligence of neglecting it and driving it as it is, and instead, received the victim as the front driver of the car of the Defendant.

Ultimately, at around 16:26 on the same day, the Defendant caused the death of the victim due to the low-blood shock, etc. at the astronomical Materno Hospital located in 327, Sol-gu, Sol-gu, Sol-gu, Sol-gu, Sol-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Photographs related to accidents;

1. A death diagnosis report and a written record of autopsy;

1. Application of Acts and subordinate statutes to photographs of deceased persons;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The defendant's responsibility is not minor in light of the fact that the defendant's negligence is serious in the sentencing of Article 62-2 (1) of the Criminal Act, and the serious result of the victim's death, etc.

However, there is no criminal record even if the defendant is in a profound radius, there is an agreement with the victim's bereaved family, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and there is no criminal record.