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(영문) 인천지방법원 2014.04.16 2014고단553
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of D-C-C-C-C-C-C-A-C-A-P-P

On November 10, 2013, at around 06:20, the Defendant: (a) driven the above van, and (b) neglected to perform the duty of front-time watch while driving along the three-lane distance from the south-dong Incheon Southern-dong, Incheon, the Defendant was negligent in driving the said van, and (c) neglected to perform the duty of front-time watching along the three-lane distance from the southnam-gu, Incheon, the Defendant received the victim E (V, 74 years old) who dried the crosswalk pursuant to the pedestrian signals as the front part of the said van.

On November 24, 2013, at around 05:14, the Defendant caused a traffic accident and caused the victim to die from the G Hospital located in the Namdong-gu Incheon Metropolitan City F due to training paralysis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of traffic accident analysis results;

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 and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area among types of traffic accidents in the category 2 (Death, etc. of traffic accidents): From August to January (Special Sentencing) - Reduction element: In cases where illegality in the proviso to Article 3 (2) of the Special School Traffic Act is serious (in cases of a violation of signal and a violation of duty to protect pedestrians on crosswalks), the violation of any provision of two or more provisos shall apply);

2. A sentence of imprisonment without prison labor shall be chosen, as the decision-making of the sentence was based on the fault of the accused and the result that the victim’s death could not be complied with;

However, the punishment shall be determined in consideration of the fact that it is against the victim, the fact that there is an agreement with the bereaved family of the victim, the fact that there is no other penalty power except once a fine for dual type, and other various sentencing factors, such as the age, character and conduct of the

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