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(영문) 인천지방법원 2016.07.29 2016고단1361
교통사고처리특례법위반
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 a car in Cradical art.

On December 20, 2015, at around 05:47, the Defendant continued to run approximately 67 km each hour according to the two-lanes, calculated from the three-lanes in front of the Esanbu and the four-lanes in front of the Incheon Gyeyang-gu Incheon Metropolitan City D, using the two-lanes.

At the time of night, the traffic control is not carried out, and in such a case, there was a duty of care to prevent accidents in advance by reducing speed for those engaged in driving business and accurately operating the steering system and brakes by accurately manipulating the steering system and the steering system in a manner that well sees the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and brakes, and did not accurately operate the steering gear and brakes at the same speed, and took the victim F (52) who was coming on the right side from the left side of the same speed into the front part of the said car, and had the victim go beyond the floor.

Ultimately, around December 20, 2015, at around 05:49, the Defendant caused the death of a victim by occupational negligence, resulting in the death of a cerebral cerebral cerebral ties at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs, such as a survey report on actual conditions, on-site and black boxes;

1. Application of Acts and subordinate statutes to death certificates;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is to be taken into account the following factors: (a) the mitigated area of Article 62(1) of the Criminal Act (the mitigated range of traffic accidents) (the mitigated range between April and October) (the specially mitigated person) (the victim) also was negligent due to the occurrence of traffic accidents or the expansion of damage; (b) the favorable circumstances; and (c) the fact that there was no previous conviction except that a fine of KRW 100,000 is sentenced due to a violation of the Act on the Establishment of Local Reserve Forces around 193; (d) the victim was subscribed to a comprehensive insurance

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