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(영문) 인천지방법원 2018.01.31 2017고단8295
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 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 a car in the D SP area.

On September 3, 2017, around 05:20 on September 3, 2017, the Defendant continued 674, the Gyeongdong-gu, Incheon, Namdong-gu, and the private distance at the entrance of the rock station, in accordance with the straight line, from the cross-face of horizontal distance to the cross-face of the flow distance.

In such cases, there was a duty of care to prevent accidents in advance by properly operating the brake system and safely operating the driver of the vehicle.

Nevertheless, the Defendant neglected to perform his duty on the front side of the Defendant’s vehicle, and thereby, got the victim E (76 years old) who was unclaimed from the right side of the front side of the Defendant’s vehicle without permission to the left side, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence to a multi-long-term father at Acheon-ro Hospital located in 774, Namdong-gu, Incheon, Nam-gu, Incheon, on September 4, 2017, around 01:56.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Investigation report (the result of speed appraisal);

1. An analysis of traffic accidents;

1. A death certificate;

1. Application of the Acts and subordinate statutes on black booms CDs

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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act, the Defendant, while driving a motor vehicle, by neglecting his/her duty of care in front of the vehicle and neglecting his/her duty of care, thereby entering the intersection in violation of the suspension signal, leading to the death of the victim, resulting in the death of the victim by shocking the victim. However, the crime of this case is not good, but the vehicle is covered by a comprehensive insurance, and the victim’s bereaved family members want to be punished

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