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(영문) 인천지방법원 2017.05.18 2017고단777
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 service of a car known to D.

On January 20, 2017, the Defendant driving the above vehicle on around 21:39, and driving the two-lane road in front of the building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, at a speed of about 40km in speed from the offline to the back of the Bupyeong-gu market.

At night at the time, the victim F.F.(56) was crossing the road from the right side of the defendant's moving direction to the left side, and thus, the driver of the motor vehicle had a duty of care to look at the right side and the right side of the motor vehicle well and to prevent the accident by accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected this and got the victim as the front part of the Defendant’s vehicle due to negligence.

As a result, the Defendant caused the victim to die by occupational negligence on January 25, 2017, at the 56 Tol University Incheon Sung Hospital, the same number of Bupyeong-gu Incheon around 23:18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter the sentencing is more favorable): A favorable condition that leads to death due to a violation of the duty to protect pedestrians: The defendant was the first offender; the victim was negligent; the victim was also at fault; and the defendant’s age, sex, environment, means and consequence of the crime; and the various factors of sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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