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(영문) 인천지방법원 2019.11.27 2019고단7352
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 the operation of BMW 520D car.

On June 14, 2019, at around 17:15, the Defendant had the intersection of the private distance in front of Michuhol-gu Incheon, Michuhol-gu, Incheon along the direction of the private distance from the distance of use.

At this point, traffic control was performed only in one direction and it was difficult to confirm the left and right of the road, and the E-learning car driven by the victim D was entering the said intersection in advance and is proceeding to the right and right on the left side of the front side. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering gear and brake system in advance.

Nevertheless, the Defendant neglected to go beyond the speed of 83km/h while driving in excess of the speed of 83km at the front of the above BM 520D car and did not discover the frighting passenger car which entered the intersection in advance and received the front portion of the frighting passenger car.

Ultimately, on June 20, 2019, the Defendant caused the victim to die with cerebral cerebrovassis at G Hospital located in the Nam-gu Incheon Metropolitan City F on June 20, 2019 due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A death certificate;

1. Application of Acts and subordinate statutes to report the occurrence of traffic accidents;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. Determination of sentence:

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