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(영문) 인천지방법원 2017.05.10 2016고단8957
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 of a fixed-ton cargo vehicle C1 ton.

On November 20, 2016, around 03:50 on November 20, 2016, the Defendant got to turn to the left at the seat of the Incheon Family Court at the 442-ro, Nam-gu, Nam-gu, Incheon Metropolitan City.

The Defendant was negligent by failing to turn to the left at an insular speed in violation of the signals of both directions, and received the front part of the victim D (56 years old) bicycle front portion of the traffic engine from the direction of the Gu citizen center to the seat of the Gu citizen center in accordance with the cross-section signals in accordance with the direction of the two direction straight lines.

Ultimately, around November 20, 2016, around 06:36 on November 20, 2016, the Defendant caused the death of the victim due to the foregoing occupational negligence, such as training and paralysis in the emergency room at the Seocheon-gu, Incheon Metropolitan City-dong Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to F;

1. A survey report on actual conditions;

1. Investigation report (verification of black stay images);

1. A death certificate;

1. Application of the Act and subordinate statutes on site photographs and video 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. The reason for 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 is that the defendant, as a driver, has to drive cargo vehicles in compliance with the traffic-related Acts and subordinate statutes, neglecting his/her duty at all times, and neglecting his/her duty at all times, leading to the instant crime of causing the death of the victim who is the driver of the said intersection under the new subparagraph by neglecting the duty of left-hand turn to the right-hand left-hand turn at the intersection and neglecting the quality of the crime. However, the defendant did not have the same criminal history; however, the defendant did not want the punishment of the defendant after agreement with the victim's bereaved family members; and

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