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(영문) 인천지방법원 부천지원 2015.10.21 2015고단2072
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 a D-to-purd motor vehicle.

On June 30, 2015, the Defendant driven the above vehicle on June 21:25, 2015, and led to the direction from the side of the Orcheon-gu E-road and from the side of the original 1st parallel to the direction of the direction.

It is a road in which the length of the house is cross-sectioned. At night, the driver has a duty of care to prevent accidents by stopping the vehicle before entering the intersection and leaving the intersection.

Nevertheless, the defendant neglected to do so and proceeds as it is.

Defendant

From the right side of the running direction, the GCA110 motorcycle of the injured party's G 110 motorcycle was taken to the port from the right side of the said road and had the injured party go beyond the upper part of the said vehicle.

Ultimately, on July 4, 2015, at around 23:44, the Defendant caused the death of a victim, who was receiving medical treatment at a astronomical mother hospital located in the astronomical mother hospital located in Seocheon-gu, Seocheon-gu, Seocheon-gu, 327, due to the occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the report on the occurrence of a traffic accident and the actual survey report;

1. Statement of a written diagnosis of death;

1. Application of the film laws and regulations of CDs attached to an investigation report (Attachment to the production of a CD-book);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Act (Type 2 (Type 4-10) (Class 4-10) (Special Mitigation) where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage (Article 62(1)) (Article 62(1) of the Criminal Act (Article 62(1)): The circumstances favorable to the victim: (a) the defendant led to the instant crime and seems to have committed the instant crime; (b) the defendant did not have any criminal record; and (c) the defendant

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