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(영문) 인천지방법원 2016.01.14 2015고단7146
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2015, the Defendant driving a B Lone Star Co., Ltd. around 18:37, and proceeded to turn to the left at the speed of about 5-10 km from the training high level to the hand-on speed of the front road of the certified broker in Yeonsu-gu Incheon Metropolitan City.

At this point, vehicles are parked on the road A, and they entered a runway without a central line. Therefore, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to drive his vehicle on the Madern Road by negligence and shocked the victim D(the age of 80) who was the direct victim of the Security Department (the age of 80).

Ultimately, the Defendant caused the death of the said victim by occupational negligence at a roadside hospital located in 774-gil 21, Namdong-dong, Namdong-dong, Incheon, Nam-gu, Incheon, on September 9 of the next day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident report (on-site investigation report);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the crime is committed against the victim and that the victim's bereaved family members reach an agreement with the victim);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [typed Decision] : Class 2 (Special Sentencing Death, etc.) of the General Traffic Accidents - [including efforts to recover damage] / [Determination in the sphere of recommendation] / Decision on the area of mitigation / [the scope of recommendation] April to October / [the scope of recommendation / [general sentencing seal] - The serious half of the mitigation element / [the scope of punishment] applicable law: One to five months (decision of sentence] : Six months of imprisonment without prison labor; two years of suspended execution; 40 hours of order to attend education

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