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(영문) 인천지방법원 2015.07.22 2015고단558
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DNA car.

On November 21, 2014, at around 05:35, the Defendant proceeded at a speed of about 65 kilometers per hour, depending on the two-lanes in the direction of the scenario distance from the direction of the Bupyeong-gu Incheon Bupyeong-gu.

At night, the above place was set at seven-lanes, where the passage of other vehicles and people was frequent, and the traffic of vehicles was controlled by signal apparatus, and thus, the person operating these places had a duty of care to prevent traffic accidents by properly operating the steering gear and brakes.

Nevertheless, the Defendant neglected this and failed to properly stop on the front side, and caused the above victim G (V, 77 years old) on the left side of the Defendant’s driving direction, without finding out the victim G (V, and 77 years old) who was driving on the right side of the crosswalk, which was installed and operated on the above road, and caused the above victim by negligence in the course of business.

Ultimately, the Defendant suffered from an injury, such as a brupt, by negligence in the course of business as above. On December 19, 2014, the Defendant died of the victim due to the bruptism from a traffic accident at the Tol University Incheon Hospital, which was located in the same number of Bupyeong-gu Incheon, Incheon, the same number of Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a death certificate (H of the astronomical Maternity Hospital);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] General Traffic Accident Type II (Death resulting from Traffic Accidents, etc.).

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