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(영문) 인천지방법원 부천지원 2016.11.11 2016고단787
교통사고처리특례법위반
Text

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

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

On February 20, 2016, the Defendant is a person who is engaged in driving of Churd motor vehicle. On February 20, 2016, at around 02:30, the Defendant driven the above-mentioned motor vehicle and driven the front road D in front of the Seocheon-si, Seocheon-si along one-lane from the upper right side to the upper right side of the road.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic conditions of the road and the structure and performance of the motor vehicle in order to prevent the accident by safely examining the traffic conditions of the front and rear left, and preventing the accident.

Nevertheless, the Defendant neglected this and received the victim E who crosses the Non-Ha from the upper East Enterprise Bank side to the Non-Hadne Building from the upper East Enterprise Bank due to negligence, and had the victim go beyond the floor.

On February 20, 2016, the Defendant: (a) caused the death of the victim from serious damage to the fluoral body at the Yacheon-si Hospital located in 170, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2016 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Photographs;

1. A death certificate;

1. Accident video CDs;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

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

1. Where there is a substantial negligence on the occurrence of traffic accidents or the expansion of damage to victims, even though the mitigation area (4 to 1 year) (special mitigation) of types 2 (Death resulting from Traffic Accidents) (4 to 1 year) of general traffic accidents;

2. When the defendant who has been sentenced to sentence is driving at a speed lower than that of the road at the site of the accident, the traffic accident in this case occurred due to negligence by which the victim was not discovered, and the victim's bereaved family members are the defendant.

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