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(영문) 인천지방법원 부천지원 2015.05.28 2015고단944
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of B rocketing car.

On February 10, 2015, the Defendant driven the said car at a 07:10 on February 10, 2015, and driven the intersection C in front of the OBS Broadcasting Station, from the OBS Broadcasting Station, to the industrial street at an insular speed.

In such cases, a person engaged in driving service has a duty of care to safely operate by checking the left and right well.

Nevertheless, the Defendant did not discover the victim D (64 years old) who illegally crossed on the right side from the left side of the Roman road due to the negligence of failing to fulfill such duty of care and caused the victim to go beyond the road by shocking the front side of the left side of the Defendant’s car.

As a result, the Defendant caused the victim to suffer from an external wound sofaculation, etc. due to such occupational negligence, and caused the victim’s death during the course of transmission by the hospital affiliated with the Gancheon-si University located in 170, Seocheon-si, Seocheon-si, Seocheon-si, Seoul, on February 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual investigation records, photographs, death certificate, and investigation reports;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Extent of recommendation [decision of types] Sentencing for traffic crimes, general traffic accidents, and death of traffic accidents (type 2): In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents even if the victim was involved, not subject to punishment [Scope of recommendation] from 2 months to 10 months (special mitigation area);

2. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended sentence, and one year of suspended sentence, as the defendant led to the confession of a crime, and the victim's bereaved family members and their bereaved family members are fully agreed.

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