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(영문) 인천지방법원 2014.05.28 2014고단1275
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CT110 Orala.

On November 21, 2013, at around 15:33, the Defendant driving the above Otoba, and driving the above Otoba, and driving the front road of 318-5, Nam-dong, Nam-gu, Incheon, Nam-gu, Incheon, with a distance of mixoba, from the boundary of the Plaintiff's opening distance to the distance of mixoba, the Defendant continued straight at a speed of about 40 km per hour according to the speed of

In such cases, a person engaged in the operation of the Otoba has a duty of care to take the front left and right well, to accurately operate the brake and steering gear, and to prevent accidents from occurring.

Nevertheless, the Defendant neglected this by negligence, caused the victim D (the age of 80) who illegally crosses the right on the left-hand side of the Defendant to die of the victim D (the age of 80) by shocking it in front of the Otoba, and cutting it over the floor on December 1, 2013, and then on December 22:40.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, black stuffs image photographs;

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, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

1. The case where the victim was negligent due to the occurrence of a traffic accident or the expansion of damage, even for the victim of the mitigated area (4 to 10 months) (a special sponsor) (a special sponsor) (a special sponsor) within the scope of the recommended sentencing guidelines set forth in the sentencing guidelines, in light of the fact that the victim illegally crossed the road on the three-lane road in the direction of the running of the defendant and the seven-lane in the opposite direction, and that there was no crosswalk near the location of the accident, it is difficult for the defendant to easily expect the victim to cross the road without permission);

2. The defendant shall be sentenced to a penalty in light of the fact that the defendant's failure to perform his/her duty of care before the sentence is determined and that the result of the death of the victim was caused and that he/she did not agree with his/her bereaved family members, etc.;

provided, however, that;

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