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(영문) 인천지방법원 2016.11.23 2016고단5979
교통사고처리특례법위반(치사)
Text

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

except that 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

The Defendant is a person engaging in driving a rocketing car.

On August 13, 2016, around 05:30 on August 13, 2016, the Defendant proceeded from the right side of Seo-gu Incheon, Seo-gu, Incheon to about 40 km in speed, along the two-lanes from the right side of the inspection team.

A driver of a motor vehicle has a duty of care to drive the motor vehicle in a safe manner through thorough operation of steering devices and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and neglected to proceed on the front and right side of the Defendant’s driving direction, and the victim D (the age of 84) crossing the road to the right side from the left side of the Defendant’s driving direction was received as the front of the said car.

Ultimately, at around 08:33 of the same day by occupational negligence, the Defendant caused the death of the victim by external shocks, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, photographs of an accident vehicle, and photographs of the accident site;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62 (1) of the Criminal Act on the grounds of the sentence of punishment [Special Mitigation] (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (2) [Article 62 (1) [Article 62 (1) of the Act on the Suspension of Execution] The area of mitigation (Article 4-1 year), the area of punishment (including a serious effort to recover from damage): - there is no history of imprisonment without prison labor or any heavier punishment; the occurrence of accidents by a victim who illegally crosss a road without permission; the occurrence of accidents; the occurrence of the victim'

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