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(영문) 인천지방법원 2014.06.12 2014고단2062

교통사고처리특례법위반

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who operates a cruise car.

On August 18, 2013, around 20:15, the Defendant, at the time of the Gyeonggi-do Gyeonggi-do, was straight ahead of the three-lanes in front of the presidential intersection 411-3, the two-lanes in front of the presidential intersection 411-3, the two-lanes in front of the presidential intersection 4.15.

In such cases, a driver of a vehicle has a duty of care to prevent accidents by accurately operating the steering and steering system, and by accurately manipulating the steering and steering system.

Nevertheless, while the defendant was going straight on the left-hand lane to move ahead of the traffic signals, the defendant brought the left-hand side of the victim D (the age of 48) driving on the right-hand side of the mast direction to the left-hand side of the road, which is late later on the left-hand side of the mast direction.

As a result, the Defendant caused the victim to die of cerebral cerebral cerebral cerebral Bribery at the Hospital 10:59 E on August 23, 2013 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the occurrence of G traffic accidents;

1. A traffic accident report, report on the occurrence of a traffic accident, each on-site photograph, signal cycle tag, psychological physiological inspection report, inspection inspector, and private traffic accident appraisal report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic crime, 01. General traffic accident, [2] traffic accident, death of a traffic accident;

(b) Special siblings: Reduction elements (where punishment is not imposed, and the victim has gross negligence on the occurrence of a traffic accident).

(c) General person: comprehensive motor vehicle insurance for mitigation factors, and power on criminal punishment.