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(영문) 인천지방법원 2017.01.25 2016고단7408
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 driving a CP car.

On July 16, 2016, the Defendant driven the above car at around 22:00 and proceeded at a speed of about 56-58 km in the speed of the city, depending on the first lane, the two lanes in front of Incheon Seo-gu.

Since the above roads were carried out at the time and the above roads were hard to be surrounded by mountain, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle with a speed of at least 20 km (60km/h) and to prevent accidents in advance by carefully examining the front side and taking care of the accident.

Nevertheless, the Defendant neglected to do so and neglected to do so, and did not discover the victim E (45 years) who walked along the first lane, and did not discover the victim E (45 years) who walked along the first lane, and had the victim go beyond the floor.

The Defendant, by negligence in the above occupational negligence, suffered from the injury of the victim, such as the damage of the number of scambling, the damage of the number of scambling, and the damage of scambling in the open two parts, and the damage of sexual brain with a focus on the absence of any address. Ultimately, around 05:00 on October 1, 2016, G hospital located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, caused the death of the victim due

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the actual traffic accident investigation report and the results of the traffic accident analysis;

1. An accident vehicle photograph;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general traffic accident Type 2 (Crime 2-1 year) [the victim] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim, the victim is not subject to punishment (including efforts to recover damage) [the decision of sentence] [the decision of sentence] favorable circumstances: the first offender, the purchase of comprehensive insurance, and the special mitigated person - the victim's disadvantage: the victim.

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