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(영문) 인천지방법원 2017.03.30 2016고단8700
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment 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 C-learning car.

On September 11, 2016, the Defendant driven the said car without obtaining a driver’s license of the said car and driven the front side road of the D Building in Bupyeong-gu Incheon Metropolitan City at a speed of about 30 km from the direction of the convenience store in the direction of the convenience store in the direction of the Sindo elementary school.

At the same time, there was an intersection in the front and right direction, and in such a case, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle and temporarily stop the motor vehicle before entering the said intersection and to check whether there is another motor vehicle or person driving on the right direction in the said intersection, and to prevent the accident in advance by entering the said intersection.

Nevertheless, the Defendant neglected this and did not properly confirm whether another vehicle is proceeding on the right side of the said intersection, and without entering the said intersection, the part of the front wheels of the victim E (60) driving on the right side from the left side of the said direction of the car driving by the negligence of entering the said intersection.

Ultimately, the Defendant caused the victim’s death by occupational negligence on September 15, 2016, by 56 at the same number of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the same number of Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Blue fluor photo of a blue fluor;

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

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 (the occupation of a person resulting from occupational negligence, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of a person without permission for driving, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing is more favorable.

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