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(영문) 인천지방법원 2016.04.07 2016고단500
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of 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 driving a cussing vehicle B.

On October 28, 2015, the Defendant driven the above vehicle at around 00:30 on October 28, 2015, and led the prisoner of war in the direction of the Incheon Southern-gu Hoho-gu, Incheon, to proceed at about 50km in the speed of 4 lanes in the direction of the fore village.

At the time, there is a night and a place where a center line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the vehicle.

Nevertheless, while the Defendant neglected to drive a stroke, the Defendant faced the central line and shocked the victim C(50) who was on the stroke road on the stroke side of the said vehicle.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence by taking care of the victim, such as training paralysis, etc., which was being provided by the Nam-gu Incheon Metropolitan City Nam-dong Hospital No. 774-ro 21, Namdong-gu around October 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A death certificate;

1. Attachment: Application of Acts and subordinate statutes governing vehicles booms and video images of the skin;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure (the conditions favorable to the reasons for sentencing) is as follows: (a) in light of the circumstances leading up to the instant crime and the degree of damage inflicted upon the victim, etc., committed by the Defendant, while driving at night a person who was on the direction of the central line, leading to the death by shocking the victim, which led to the death by shocking the central line; (b) however, the Defendant has no particular criminal history; (c) the Defendant, while driving a food hospital, which was prepared for the nursing of her husband in a brain-dead state, brought to a hospital in a three-year-year-year-year-year-year-old state, led to the instant

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