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(영문) 인천지방법원 2018.11.26 2018고단7846
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment 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 who is engaged in driving a radar vehicle B.

On August 30, 2018, the defendant made a left turn to the front door of the apartment complex at the parking lot of the apartment complex located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to the left at around 81.

At the time, there are nights, and apartment residents are standing in the apartment complex, so there was a duty of care to reduce the speed to those engaged in driving service, to live well, to properly manipulate the brakes and steering gear, and to prevent accidents.

Nevertheless, the Defendant neglected to take care of the front city and proceeded with it without reducing speed, caused the death of the victim C by 10:35 on the 31st day of the same month while taking care of the victim C (e.g., the 63 years of age) from the front part of the vehicle of the Defendant, and getting the victim to take care of the victim at the Gatoo University Incheon Ssung Hospital located in the same 56th day of the Incheon Bupyeong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A death certificate;

1. Application of each statute on 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (from April to one year) is mitigated (the number of persons subject to special mitigation] of the two types of general traffic accidents;

2. The crime of this case by which the defendant neglected the duty to see the case on the road in the apartment complex and caused the death of the injured party by negligence, which led to the death of the injured party. The crime of this case was committed with the very heavy burden of the injured party's life.

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