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(영문) 인천지방법원 2015.05.27 2015고단1445
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star Cargo Vehicles.

On February 1, 2015, the Defendant driven the above cargo vehicle at around 18:28, and led to a four-lane road of 793-lanes in front of the two-lanes of the two-lanes, depending on one lane, to a speed of about 72km-83km in the direction of the south-gu Office Building Distance in the direction of the south-gu Office Building Distance.

At the time, since it was difficult to view the road at night, the Defendant was engaged in driving a motor vehicle, despite the duty of care to accurately operate the front side and the left side and the right side of the motor vehicle and to safely drive the motor vehicle by operating the steering and steering gear accurately, the Defendant neglected this duty and did not discover the victim D (72 years old) who crosses the road from the right side of the motor vehicle to the left side of the motor vehicle and received the victim in front of the right side of the motor vehicle.

Ultimately, around February 1, 2015, the Defendant caused the victim to die from the F Hospital located in Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon, to the death of the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of G, H and I;

1. A traffic accident report (1) and a traffic accident report (2);

1. Notification of the results of traffic accident analysis - Incheon Metropolitan City branch of the Road Traffic Authority;

1. Application of Acts and subordinate statutes of death certificate (D);

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) (including special mitigation) of the type of general traffic accident (the special mitigation) (including efforts to recover damage): Article 62(1) of the Criminal Act; Article 62(2) of the Act on the Suspension of Execution; Article 62(1) of the Act on the Suspension of Execution; Article 62(1) of the Act on the Punishment of Traffic Accidents;

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