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(영문) 인천지방법원 2015.04.16 2014고단9165
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, 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 the duty of driving Category C cargo vehicles.

On October 25, 2014, the Defendant driven the above cargo vehicle around 22:08, and made the front road of the 150 Jeju-ro 3rd apartment complex at the new end of Yeonsu-gu Incheon-gu to turn to the left at about 10km from the right edge of the main apartment complex at the speed of about 10km from the right edge of the common apartment.

In this case, the driver of the vehicle has a duty of care to safely operate the steering system and prevent the accident by accurately operating the steering and steering the steering system of the vehicle.

Nevertheless, the defendant neglected the direction of the progress, and caused the victim D(63 years of age) to use the victim on the road by shocking the victim D(63 years of age) who illegally cross the vehicle from the right side of the running direction of the defendant vehicle to the left side.

Ultimately, around 03:00 on November 5, 2014, the Defendant caused the death of the victim due to training paralysis, etc. while being receiving treatment at the Acheon-ro Hospital located in 774-gil 21, Nam-dong, Nam-gu, Incheon, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it commits a crime, the fact that it is covered by a comprehensive insurance, the fact that the victim has a considerable negligence, and the fact that a considerable amount has been deposited);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order of Community Service and Order to Attend Education and there is no basic area (eight to one month and one year and six months) (the special person) (the decision of sentence] (the decision of sentence), six months of imprisonment without prison labor, two years of suspended sentence, two hours of community service, and 80 hours.

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