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(영문) 인천지방법원 2018.11.22 2018고단6116
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a CSP car.

On July 30, 2018, at around 09:15, the Defendant came to turn to the left the right of the daily distance from the front of the Michuhol-gu Incheon Metropolitan City D.

At that time, there was a duty of care to reduce the speed to those engaged in driving of motor vehicles, to properly operate the brakes and steering gear, and to prevent accidents by properly operating the brakes and steering gear.

Nevertheless, the Defendant neglected to take care of the previous city in the front of the Defendant’s vehicle and had the damaged person go beyond the road due to the negligence of the Defendant’s vehicle without reducing the speed, thereby causing death by 19:30 on the same day while he was receiving medical treatment at the neighboring university’s school located in the middle-gu Incheon Metropolitan City route 27 and the affiliated university’s hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a traffic accident report, accident scene photograph, actual condition survey report, ledger of driver's license, tea inquiry, black booms image-fluor photograph, and death diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. In light of the fact that the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act resulted in a serious consequence of the victim’s death due to the Defendant’s influence, etc., the insurance company and the victim’s bereaved family members have agreed smoothly, the victim appears to have agreed smoothly, the Defendant’s primary offender, and the fact that his mistake is divided, etc. are considered as favorable to the Defendant. In addition, the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc. are considered as follows.

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