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(영문) 인천지방법원 2015.07.22 2015고단2566

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area.

On March 29, 2015, at around 13:00, the Defendant continued to turn to the left at the 3rd distance of the Suwon Park on the side side, where the water culture center, which was located in 78, Nam-gu, Incheon, Nam-gu, Incheon. On March 29, 2015, the Defendant neglected his duty of care to safely drive by checking the front side and the left and left side of the water park, and was found to be late later after the victim D (71 years of age) who was coming to the water park from the horizontal distance of the heading on the left side of the water course, and caused the victim to die from the front side of the said vehicle on March 14:18, 2015, at the low-income hospital located in 27, Jung-gu, Incheon, Jung-gu, Incheon, to death due to brain training, etc. during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) [Special Mitigation] (including efforts to recover from traffic accidents in April to October] mitigation area (including the decision of a sentence], penalty not (including efforts to make a serious effort to recover from damage] - favorable circumstances: Elementary offense, General Insurance Subscription, Matters agreed with the victim's bereaved family members - Unfavorable circumstances; the victim's death and injury has occurred;