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(영문) 인천지방법원 부천지원 2016.04.28 2016고단306

교통사고처리특례법위반

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 a C-A-hurd motor vehicle.

On January 11, 2016, the defendant was driving the above car at around 10:30, and was moving back to the parking lot of the "E" parking lot located in Nowon-gu, Seoul Special Metropolitan City.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and led the victim F(the age of 93) who was on the rear side of the Defendant’s vehicle due to the negligence that led to the Defendant’s failure to stop, and led the victim to go beyond the parking lot floor by shocking the victim F(the age of 93) behind the said vehicle. The victim who was over the wheels of the said vehicle after the right side of the said vehicle, passed again, and passed again, while proceeding in the future.

As a result, the Defendant caused the death of the victim at a Tol University Non-Acheon-si, 327, in light of the foregoing occupational negligence on January 11, 2016 and around 11:17, the Defendant caused the death of the victim of the pulmonary heart suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. A death certificate;

1. Investigation report (List 16);

1. Application of relevant Acts and subordinate statutes of each photograph (list 4,17);

1. Relevant Acts 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. The reason for sentencing under Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the damage has been expanded due to the favorable circumstances of the defendant (a confession, reflectivity, initial crime, and restriction on movement of a very old victim);

As the age of 74 years, the victim's bereaved family members are not subject to punishment, the victim's comprehensive vehicle insurance policy, and the social relation clear), unfavorable circumstances (the victim's death and the result is very poor), and other factors of sentencing as indicated in the instant case, such as character and behavior, living environment, and circumstances after the crime.