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(영문) 인천지방법원 2017.01.18 2016고단7698
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a D-port cargo vehicle.

On October 18:55, 2016, the Defendant driven the above vehicle and proceeded the crosswalk in front of the F station in Nam-gu Incheon Metropolitan City E with a speed of about 79 km from the long distance of the rooftop to the long distance of traffic broadcasting.

At this point, there is a duty of care to ensure the safe operation of the brakes by complying with the speed limit and properly operating the brakes by properly manipulating the brakes, since the speed of pedestrians is 60 km a speed of 60 km per hour.

Nevertheless, the Defendant neglected to do so and went on as is, by negligence, received the victim G (67 h) who was a pedestrian red fluor on the right side of the defendant's running direction, which was a victim G (67 h) with a pedestrian red fluor in front of the defendant's vehicle.

Ultimately, at around October 2016, the Defendant caused the death of the said victim by occupational negligence from an innate hospital located in the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, to the low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Three copies of a photograph on the scene of the accident, and a photograph of the vehicle;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act - In the case where there are two types of general traffic accidents (including two months to one year), the area of special mitigation [the victim] [the victim] due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage] [the decision of sentence] [the favorable circumstances] - there is no record of criminal punishment of the same kind of crime and imprisonment without prison labor or more, the above special mitigated person - the defendant was not negligent, and the victim cannot recover from his/her death.

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