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(영문) 인천지방법원 2019.10.30 2019고단5955
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicles B.

On April 6, 2019, around 09:17, the Defendant was driving the Poter vehicle in front of the public parking lot in Dong-gu Incheon Metropolitan City, which was parked, to move out of the parking lot.

In such cases, there was a duty of care to check the safety of driving direction and accurately manipulate the steering direction and brakes of vehicles to prevent accidents.

Nevertheless, the Defendant was shocked by carrying the victim D (the age of 85) who was walking behind the above vehicle due to negligence, which did not view the rear direction properly, and did not take the direction behind the vehicle.

As a result, the Defendant caused the victim to commit such occupational negligence.

7. 23. 23. Around 06:05, while being receiving medical treatment in the Fvalescent Hospital located in Michuhol-gu Incheon Metropolitan City E, it caused the death of multiple organs.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The actual condition survey report;

1. A medical certificate, death certificate, and opinion;

1. Application of Acts and subordinate statutes on accident site photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1114, Jan. 1, 201>

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