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(영문) 인천지방법원 2019.05.29 2019고단2257
교통사고처리특례법위반(치사)
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 business of driving Bsch Rexton sports vehicles.

On January 26, 2019, the Defendant driven the above vehicle at around 00:01, and led the three-lanes of the road in front of the head office of the mountain village in the city of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si.

In such cases, there was a duty of care to prevent accidents by safely driving the vehicle, such as thoroughly performing the duty of front-way and left-hand and right-hand watch, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and got the victim C (the 62 years of age) who without permission crossings the crosswalk to the right side of the defendant's running direction by negligence, which led the victim to go beyond the floor of the defendant's driving.

Ultimately, around January 26, 2019, the Defendant caused the death of the victim due to the second damage from the E Hospital located in Ansan-gu D during the period of Ansan-si on January 26, 2019 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Accident video CDs;

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

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment other than a fine, the fact that there was a negligence of a victim who has crossed a three-lane in the vicinity of an intersection in which a large number of vehicles were stored at the time of the accident, and that there was a smooth agreement with the bereaved family members of the victim);

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