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(영문) 인천지방법원 부천지원 2018.02.08 2017고단3036
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a passenger car in D, TFX50.

On November 16, 2017, around 00:00, the Defendant entered the front distance of the F Hospital E in Kimpo-si, Kimpo-si, Kimpo-si at F Hospital to the old seat and left left at the lower exit.

At all times, there was a duty of care to prevent accidents by checking one's own lanes and accurately manipulating the steering side and brakes, and by accurately manipulating the steering side and brakes.

Nevertheless, the Defendant neglected this and was driving by a victim G(31 tax) who had been driving on the road normally due to the negligence of driving on the road.

H WW125 The front part of the BW125 F-wheeled Vehicle was driven by the Defendant as the front part of the F-W1 car.

As a result, the Defendant caused the death of the victim of the above occupational and practical injury from the F Hospital located in Kimpo-si E at around 00:48 on the same day by the two infasi, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on investigation, a report on internal investigation (verification of booms and accident history of vehicles) and a report on investigation (J telephone call of a shot person);

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

1. A corpse death certificate;

1. Application of field photographs, photographs of a deceased person's body, and black stuffs video-related Acts and subordinate statutes at the time of the accident;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The general traffic accident category 2 (accident of traffic accident) [the person subject to special mitigation] [including the person subject to special mitigation] punishment not (including the efforts to recover damage] unfavorable circumstances: The result of the victim's death by the negligence of the defendant's wrong entry into the opposite lane.

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