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(영문) 인천지방법원 2017.08.11 2017고단4578
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four 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 engaged in driving Category C vehicle.

On February 4, 2017, the Defendant driven the above Poter vehicle around 13:30 on February 13, 2017, and continued to run approximately 41.7-46.7 km each hour from the direction of the mountain reservoir in the direction of the strengthening education branch office, which is located in the center of Incheon-gun, in the direction of the mountain reservoir, which is located in the middle of the 607 Incheon-gun.

In this case, the defendant engaged in driving service has a duty of care to properly see the right and the right and the right and the right and the right and the right and duty of care to accurately operate the steering and the system.

Nevertheless, the Defendant neglected this and proceeded as it is without examining the front, and did not discover the victim D(79) who was crossing the right side from the left side of the direction of the vehicle driving by the Defendant, and did not discover the victim D(79) who was crossing the right side, and conflict with the victim's upper half and shoulder part on the right side of the vehicle driving by the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the F Hospital located in Kimpo-si, Kimpo-si, where the victim was under the treatment of transmission after around 15:45 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. The traffic accident analysis report of the Road Traffic Authority;

1. A death certificate;

1. Application of Acts and subordinate statutes to field photographs and motion picture photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The range of recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the range of ordinary traffic accidents (the death of a traffic accident) - The mitigated factors: the victim shall also be punished if there are substantial negligence on the occurrence of a traffic accident or the expansion of damage (including serious efforts to recover damage).

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