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(영문) 인천지방법원 2019.05.09 2019고단965
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Lone Star Motor Vehicle B.

On December 7, 2018, 05:34, the Defendant was driving the foregoing motor vehicle in front of the Incheon So-gu Incheon So-called Incheon So-called Incheon, the Michuhol-gu, the Michuhol-gu, the Michuhol-gu, the 61st century, leading from the blind distance to the sublime of sublime market.

At the night and at the night, the victim C(83 years of age) was crossing the road, so there was a duty of care to thoroughly operate the steering system and the steering system as well as to prevent accidents by properly manipulating the steering system and the steering system.

Nevertheless, the defendant neglected to discover the victim due to the negligence in progress, which led to the failure to discover the victim, and later caused the victim to go beyond the floor by taking the front part of the above vehicle as the previous part of the above vehicle due to the negligence.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, around 05:50 on the same day, due to the prolonged damage to the victim’s occupation.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to a photographic act by cutting off on-site photographs, black booms images, and by cutting down CCTV images;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two to one year by imprisonment without prison labor;

2. The driver shall observe the traffic accident caused by a defendant to a sentence to death of the victim;

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