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(영문) 인천지방법원 부천지원 2013.11.29 2013고단2957
교통사고처리특례법위반
Text

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

except that 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 driving of a vehicle B with a vehicle.

On July 4, 2013, the Defendant, around 23:00, proceeding one lane at a speed of about 50 km per hour among the two-lanes of the national highway No. 48 located in the Suwon-dong bus stops located in Suwon-si, Kimpo-si. At the same time, the Defendant was at night at the time, and the electric direction is not very good, so a person engaged in driving service has a duty of care to prevent an accident by properly examining the front bank and the left and right, but failed to discover the victim C (60 years of age) who was crossinging the road at the front bank and received the victim as the front part of the vehicle.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the E Hospital located in Kimpo-si, Kimpo-si, around 01:50 on July 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes to traffic accident investigation reports, vehicle photographs, field photographs, photographs of the deceased, and death diagnosis 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. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the same Act on the following grounds: (a) although the result of the instant crime is very serious, the Defendant confessions the instant crime and reflects the Defendant; (b) there is no gross negligence of the Defendant in the occurrence of an accident; (c) there is considerable negligence on the victim who illegally crosses a two-lane road in which the central separation cost is installed at night due to the malfunction and streetlights; (d) there

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