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(영문) 인천지방법원 2016.08.31 2016고단2270
교통사고처리특례법위반
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 became final and conclusive.

Reasons

Punishment of the crime

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

On December 28, 2015, the Defendant driven the said car at a speed of about 60 km per hour, depending on the direction of the Southern-gu Incheon Metropolitan City, the front street D was driven at a speed of about 60 km from the direction of the northwest-gu.

At the same time, the victim E (n, 74 years old) was crossing the shopping car loaded on the right side from the left side of the defendant's moving back to the shopping car, and thus, the defendant had a duty of care to prevent accidents by accurately operating the steering gear and brakes and safely.

Nevertheless, the defendant neglected this and proceeded as it is, and the defendant's body was shocked in front of the left side of the defendant's next left side.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as a low-blood shock in the South-dong-dong-gu Incheon Metropolitan City, 774 Ga-21, Namdong-dong, Namdong-gu, Seoul, on July 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

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

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended punishment] of Article 62(1) of the Criminal Act (the grounds for sentencing [the grounds for sentencing] of Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] general traffic accidents (the person subject to special mitigation from April to October), [the person subject to special mitigation] of the mitigation area (including efforts to recover from damage] of the punishment non-exclusive circumstances] [the decision of sentence] of favorable circumstances: the first crime; the agreement between the victim and his bereaved family members; the occurrence of the traffic accident in this case

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