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(영문) 인천지방법원 부천지원 2017.02.03 2016고단3230
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA A8 car.

On October 4, 2016, the Defendant driving the above car at around 19:00, and driving it on the five-lane road in front of Seocheon-si, E, in the direction of the vice-tent comprehensive playground, the Defendant again proceeded to the U.S. 10km in the direction of the vice-tent comprehensive playground.

Since the location is an intersection where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving service is in a way to reduce speed and to see well the right and the right and the right and the right and the right and the duty of care to drive safely in accordance with the signals.

Nevertheless, due to the negligence of neglecting this, the injured party F (26 Does) driven by the victim F (26 Does) who was directly driven by the new heading in the direction of the sports complex in the direction of the vice-do comprehensive, in the shooting distance of Chuncheon, served as the front wheels of the Defendant’s passenger car and the Defendant’s driver’s car, and then served as the front wheels of the Defendant’s passenger car.

Ultimately, the Defendant’s negligence on October 30, 2016, caused the death of the victim who was receiving medical treatment at a Tol University Non-Acheon-ro 327, Seocheon-si, 327, by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the public prosecutor with H;

1. A survey report on actual conditions;

1. Each medical certificate and death certificate;

1. Photographs;

1. Application of the Act and subordinate statutes governing visual images of accident CDs;

1. The grounds for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommending punishment] where the victim is negligent in causing traffic accidents or expanding damage in the area of mitigation (four months to one year) (a person who is specially mitigated) (a person who has a special mitigated punishment] where the victim was at considerable discretion in causing traffic accidents or expanding damage [the decision of sentence] there is no record of criminal punishment by the defendant, and the victim is also bound by the victim.

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