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(영문) 인천지방법원 2017.04.20 2017고단864
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and three 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 who is engaged in driving a motor vehicle with a low price.

On December 31, 2016, the Defendant driven the above vehicle at around 15:00, and made the front of the Incheon Women Manpower Development Center for the 311 Incheon Women's Manpower to turn to the left at about 10-20 km from the direction of sand village shooting box in the direction of sand village.

Since the location is an intersection where signal lights are installed, there was a duty to safely proceed to a person engaged in driving of a motor vehicle in accordance with the signals and prevent accidents.

Nevertheless, the Defendant neglected this and received the front part of the victim E (33 Do) driving in the direction of sand village shooting distance from the direction of a water-based apartment complex by negligence in violation of the signal and received the front part of the Defendant’s vehicle from the right side of the vehicle.

Ultimately, around December 31, 2016, at around 15:15, the Defendant caused the victim to die while sending back to the Nam-gu Incheon Metropolitan City, Nam-gu, Namdong-gu, Incheon Metropolitan City. 21-Ga, 774, as the Defendant’s occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Circumstances unfavorable to the reasons for the sentencing of Article 62(1)1 of the Criminal Act (hereinafter the sentencing is considered as favorable to the following conditions): A favorable circumstance that leads to death due to gross negligence in violation of signal: The defendant was the first offender; the defendant was agreed with the bereaved family; the defendant was able to turn to the left prior to the scene of the accident; the defendant's age, sexual behavior, environment, means and consequence of the crime; and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.

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