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(영문) 인천지방법원 2016.01.28 2015고단7874
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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On July 17, 2015, the Defendant driven the above car at a speed of about 60 km from July 23:10, 2015, and driven the three-lane road in front of Incheon Nam-gu, Incheon Metropolitan City, at a speed of about 60 km, depending on two-lanes from the offside of sublim.

At the time of night, it was difficult to view the vehicle at night, and there was frequent passage of the vehicle, so in such a case, there was a duty of care to prevent the traffic accident by accurately manipulating the front door and the right and the right and the right and the right of the driver of the vehicle, and to prevent the traffic accident by accurately manipulating the steering gear.

Nevertheless, the defendant did not discover the victim E (57) who crosses the road to the right side from the left side of the direction of the defendant's proceeding due to negligence in the course of his duty while neglecting his duty at the front of the road, and received the victim from the front part of the defendant's car.

Ultimately, on August 30, 2015, around 15:18, the Defendant caused the victim by occupational negligence to die with the “damage to obsive brain” caused by “damage to obsive brain” at the Emergency Station of the Haan Hospital, Jung-gu Incheon, Jung-gu, Incheon, by “damage to Rabal Water”, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. A fact-finding survey report and a report on the initial action at the scene of a traffic accident;

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 Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 6 months). In the area of special mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da1448, Jun. 2,

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