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(영문) 인천지방법원 2017.05.11 2017고단1404
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 rocketing car.

On November 20, 2016, the Defendant driven the above car at around 14:24, and was driving the road of the second line in front of the Saemaul Undong 8, 691, as in Gyeyang-gu, Incheon, in the front direction of the operation, the Defendant left the right left at about 43.6 km a speed in the front of the Saemaul Undong Treasury in the direction of the first direction of the operation, and the right turn to the left at about 43.6 km a speed in the direction of the right turn to the left.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by properly examining the front side and the left side.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and caused the victim D who crosses the crosswalk on the right side from the left side of the running direction of the defendant's vehicle to the right side of the crosswalk.

As a result, the Defendant had the victim receive medical treatment due to the above occupational negligence on February 26, 2017, which caused the victim's death of acute respiratory part caused by the catus catus catus catus in the Altol University Incheon Gam Hospital located in the same number of Bupyeong-gu Incheon, Incheon, from around 17:18.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site investigation reports (on-site investigation, analysis of black records, etc.);

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (hereinafter the lower sentence is considered as favorable): The circumstances favorable to the unauthorized victim that led to death due to his/her violation of his/her duty in the front line: the victim is also liable for the instant accident; the victim’s bereaved family members have reached an agreement; and the Defendant’s age, sex, environment, means and consequence of the crime; and the various conditions for sentencing as shown in the argument of the instant case, such as the circumstances after the crime.

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