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(영문) 인천지방법원 부천지원 2016.12.22 2016고단2945
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B U. S. car.

On September 24, 2016, the Defendant driven the above car on September 24, 2016 and proceeded to turn to the left in the direction of the entrance of the sixth-story parking lot underground at the 5th underground-class parking lot in Bupyeong-si A-dong, Seocheon-si.

Since there are lots of apartment parking lots frequently passing by people, the defendant engaged in driving business has a duty of care to properly see the front and rear left, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected to turn to the left without neglecting this, and did not discover the victim D (the age of 45) who was living on the floor of the front parking lot in the direction of the defendant's running in the right-hand turn, and was placed on the part of the victim's body with the above car driven by the defendant.

Accordingly, at around 04:32 on the same day, the Defendant caused the death of the victim due to the nature of the external wound at the Macheon-si University Hospital located in 170, a Macheon-si, Gancheon-si, Gancheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. G statements;

1. A survey report on actual condition, a traffic accident occurrence report, and a death diagnosis report;

1. Application of each photograph and CCTV image statute;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the case where there is considerable negligence on the occurrence of a traffic accident even to the victim in the area of special mitigation (two to one year) (special mitigation) of the two types of traffic accidents (the victim in special mitigation) (the victim in special mitigation) and the occurrence of the occurrence of the traffic accident, there was a significant result of the victim's death due to the crime of this case, but the accident of this case was caused by one of the following reasons.

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