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(영문) 인천지방법원 부천지원 2014.11.06 2014고단2197
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years 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 Bunst Pacific car.

On June 24, 2014, the Defendant driven the above vehicle at around 17:05, and came to turn to the left at the right from the surface of the original model market at the intersection located in front of the original model elementary school 39, Orcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 700-ro 39.

At that time, there is no signal, and it is an intersection for children in the vicinity of an elementary school. In such a case, there was a duty of care to check whether a person engaged in driving is a person to reduce the speed and to see the right and the right and the right well and the right and the right of the driver, and to drive safely.

Nevertheless, the Defendant neglected this and caused the victim C (five years of age, inn) to go on the right side from the right side by the negligence of left-hand turn as it is, the Defendant got the victim C (five years of age, in front of the left-hand side of the Defendant’s vehicle and served the victim over the floor due to its shock.

Ultimately, the Defendant caused the victim to die due to such occupational negligence as above, and caused the death of the victim due to the injury of the two parts during the follow-up treatment, etc. at the Yecheon-gu, Seoul Special Metropolitan City, 17:57 Gecheon-gu, Seoul Special Metropolitan City, which was 327.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to death certificates, autopsy records, reports on the occurrence of traffic accidents, reports on traffic accidents, and photographs;

1. Relevant legal provisions 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 selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendation [Determination of types] Sentencing for traffic crimes, general traffic accidents, and death of traffic accidents (type 2] (Special Sentencings): Reduction elements: Non-compliance with punishment (Scope of Recommendation Punishment) (limited to imprisonment without prison labor for up to April 10)

2. Determination of sentence: one year of imprisonment without prison labor, two years of suspended execution; and

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