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(영문) 인천지방법원 2019.05.09 2019고단971
교통사고처리특례법위반(치사)
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 driving of Bone Star Co., Ltd.

At around 18:20 on November 7, 2018, the Defendant had a one-lane road in front of the Datart in Bupyeong-gu Incheon, Incheon, along the direction from the esan side to the east-si, Busan.

Since there is a central line, in such a case, a person engaged in driving service has a duty of care to safely drive the front line by checking it well without breaking the central line.

Nevertheless, the defendant neglected this and caused the victim G (the 79 years old) (the 79 years old) who dried up the middle line to the f apartment and left turn to the left at the center of the F apartment.

Ultimately, around December 16, 2018, around 02:16, the Defendant caused the victim’s death by occupational negligence, such as the pulmonary typology, at the I Hospital located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Reports on traffic accidents, and photographs of traffic accidents;

1. Application of Acts and subordinate statutes to medical certificates and death medical certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is decided as above in light of Article 62(1) of the Criminal Act (i.e., the confession of the defendant, the violation of the law, the smooth agreement between the bereaved family members of the victim and the bereaved family members, the primary crime, and the overall circumstances of support for the family members) or more.

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