beta
(영문) 인천지방법원 2015.07.01 2015고단2307

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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 BFIS car.

On January 19, 2015, the Defendant driven the above vehicle 07:15, and led to the border distance where signal apparatus was installed at a speed of about 68 km from the direction of the direction direction to the direction of the direction direction from the direction of the direction direction to the direction of the direction direction of the city, Jung-gu, Incheon.

A driver is not able to avoid the victim D(55 years of age) who is going to the left-hand side from the right-hand side of the course due to the negligent negligence in contravention of the stop signal while neglecting his duty of care to prevent an accident by proceeding in accordance with the signals as instructed by the signal apparatus, as well as by the signal apparatus.

Ultimately, the above victim caused the death of the victim in the time and place of the above accident due to occupational negligence, as a private person of cerebrovascular.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Related photographs and notification of the results of traffic accident analysis;

1. Application of Acts and subordinate statutes concerning autopsys;

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] where there is a substantial negligence on the occurrence of a traffic accident or the expansion of damage even to the victim, in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage) under Article 62(1) of the Criminal Act on the grounds of the suspended sentence - In a case where there is a considerable fault in the occurrence of a traffic accident or in the expansion of damage, the decision not to punish (including a serious effort to recover damage): favorable circumstances: the above special mitigation, the first offender, and the fact that the defendant is against himself/herself; the fact that the defendant was negligent