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(영문) 인천지방법원 2015.06.04 2015고단1988
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 one year 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 low-speed car B.

On January 9, 2015, the Defendant driven the said car at around 22:03, and led D's front road located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, to proceed to approximately 50-60km each hour at a speed of 4 lanes depending on the two-lanes on the direction of the public road.

At the same time, there was a road crossing installed, and there was a person crossing the road beyond the crosswalk, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to reduce speed and safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim E (the 59-year old) to go beyond the road by taking the part of the victim E (the 59-year old) which was unauthorized to the right from the left side of the bed bank due to the negligence of the defendant.

Ultimately, around January 9, 2015, around 23:48, the Defendant caused the death of the victim due to the damage to the two parts of symptoms at the Yacheon-si annexed Hospital affiliated to the Yacheon-si University, Seocheon-si, Seocheon-si, 170, using the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., violation of criminal conduct, subscription to comprehensive insurance, and agreement with the victim's bereaved family members is reached, and the victim's negligence is serious) of the Act on the Suspension of Execution [Scope of Recommendation] of General Traffic Accidents Type II (Crime of Recommendation] (Type 2 to 10 months) (Special Mitigation) (Special Mitigation Zone] [Special Mitigation Zone]] where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage).

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