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(영문) 인천지방법원 2014.09.18 2014고단4862
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person engaged in the duty of driving Brenren vehicles.

On April 8, 2014, around 22:03, the Defendant driven the above vehicle at a speed of 247 amba-ro 247 amba-ro, Gyeyang-gu, Incheon Metropolitan City, and the front side of the sexual amba-ro, leading directly to a speed of 59 km at a speed of about 59 km from the ebba-dong ebba-ro to the ebba-si.

Although the Defendant had a duty of care to check the safety of the course by properly examining the front and rear sides, the Defendant neglected it and found the victim C (the 65 years of age) who drives the crosswalk without permission in the red signal as it was due to the negligence of driving it, and caused the victim's body to shock the front part of the Defendant's vehicle.

Ultimately, the Defendant committed the same month by occupational negligence.

9. Around 05:57, the Gancheon-si Yacheon-si Yacheon-si University of 170 Yacheon-gu died during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A survey report on the actual condition, notification of the results of each traffic accident analysis, site photographs, etc., on-site photographs, and CCTV images;

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 and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: [19] Traffic, 01. General traffic accidents, [2] Traffic Accidents, etc.;

(b) A person who has no special prison: (a) there is no such special prison (a victim does not consider it as a special mitigation factor for any reason as deemed below, although he/she attempted to cross the school without permission, in light

(c) General life-sustaining persons: Reduction factors (Purchase of the motor vehicle comprehensive insurance);

(d) Scope of recommendations: Reduction area, four months to ten months; and

3. Determination of sentence: Six months of imprisonment without prison labor, two years of suspension of execution (limited to reasonable circumstances) shall not have the same criminal history, comprehensive motor vehicle insurance, and agreement with the victim's bereaved family.

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