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(영문) 인천지방법원 2018.01.26 2017고단7540
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 of C tourist bus vehicles.

On August 31, 2017, the Defendant driving the above vehicle around 02:42, and driving the front road of the E Hospital located in Incheon Southern-gu, Incheon, with the view to the shooting distance of the passenger from the new distance protection area.

At the time of night, the driver had a duty of care to prevent accidents by accurately manipulating the steering gear and brakes in a way that well sees the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected this and proceeded with the victim F (the age of 86) who crosses the road without a crosswalk from the right side of the front side to the left side of the front side of the vehicle of the Defendant, with the front and rear wheels of the vehicle.

As a result, the Defendant caused the death of the victim by occupational negligence, such as diversating the body of the victim at the site and diversities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An appraisal report, a corpse inspection report, and a gene appraisal report;

1. Each investigation report (referring to the location of an accident involving scambling images of vehicles, sctif images at the scene of the accident, - Sctif at the E hospital, and the location of an accident involving scamblings);

1. Application of the relevant Acts and subordinate statutes to field photographs and photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Scope of the recommended sentence according to the sentencing guidelines [the type of decision] means a general traffic accident (the death of a traffic accident) - mitigated element: In the event that the victim has a substantial fault in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage) (the decision of the recommended area).

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