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(영문) 인천지방법원 2017.09.14 2017고단5426
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving D Stiba, Stiba.

around 04:50 on May 9, 2017, the Defendant driven the above Obaon and proceeded with the road of the second line of the Seo-gu Incheon, Seo-do E in the front of Seo-gu, Incheon, with two-lanes of the Marine Corps shooting distance.

At night at the time, the victim F(72) was at night and at the front of the defendant, and the victim F(72) was in office to cross the road on the right side from the left side of the defendant, so the driver of the motor vehicle had a duty of care to prevent the accident in advance, such as taking a front door well and accurately operating the brake.

Nevertheless, the Defendant neglected this and got the victim as the front part of the Defendant’s vehicle due to negligence.

Ultimately, around May 9, 2017, the Defendant caused the victim to die due to the above occupational negligence, such as the blood transfusion, the prop-offing, and so on at H hospital located in Seo-gu Incheon Metropolitan City, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and K;

1. Medicine map and photograph;

1. A survey report and a death diagnosis report;

1. Request for appraisal and response to a request for appraisal;

1. Correspondence to a request for appraisal;

1. Application of Acts and subordinate statutes to traffic accident analysis reports and internal investigation reports (A insurance records recorded at the time of receipt of insurance policies);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the ordinary traffic accidents [the scope of the recommended sentence] and the mitigation area (the number of months to one year) [the person subject to special mitigation] the punishment not (including the serious efforts to recover damage);

2. The occurrence of a serious result of the death of the victim of the decision of sentence, and the first insurance company, even though it has reported that the person himself/herself was harming, thereafter.

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