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(영문) 인천지방법원 2013.12.02 2013고단6783
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 vehicle B with a vehicle.

On August 13, 2013, the Defendant driven the above car on August 22, 2013, and driven the fishery road of 13-3 of the Namdong-gu Incheon Metropolitan City along the two-lanes among the three-lanes of the south Dong-gu Office.

Since the location is the intersection near the crosswalk at night, the defendant engaged in the driving of the motor vehicle had a duty of care to safely drive the steering gear and the brake system and prevent the accident in advance.

Nevertheless, the defendant neglected his duty of Jeonju City and neglected to do so, and did not find out the victim C (53 years of age) who crosses the right from the left-hand side of the last day by negligence, and then operated the brake system at the latest, and received the victim as the front part of the car.

Ultimately, around September 1, 2013, the Defendant caused the victim to die with cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebralop from the hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Photographs of a de facto survey report, on-site photograph, and photograph by cutting down a black stuff;

1. Protocol of autopsy and written diagnosis of death;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 (Selection of Depository Punishment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the negligence of the deceased, who is the victim, has considerably worked in the occurrence

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