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(영문) 인천지방법원 2018.12.20 2018고단7439
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three 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 DNA car.

On August 19, 2018, at around 17:41, the Defendant got to turn to the left at the left as dump, while driving down the front road of the Western Middle School located in 467, Incheon Gyeyang-gu, Gyeyang-gu, Incheon Metropolitan City, from sunrise to Seocheon-do.

In this case, the driver of the vehicle has a duty of care to prevent accidents by driving safely by driving safely, such as checking whether there is a direct driving vehicle in the opposite lane, thorough operation of the steering system, etc.

Nevertheless, the defendant, while neglecting this, has driven the victim E (17 years old) (17 years old) who has driven the above road on the mathy by negligence while making a left-hand turn without care and driving the road on the mathy by every day on the west bank.

FF XITING 400I The front part of the Defendant’s vehicle was received in front of the Defendant’s vehicle.

As a result, the Defendant caused the death of the said victim E from a long-term hospital located in 774 - 21, Namdong-dong, Namdong-gu, Incheon on August 23, 2018, and caused the death of the victim G who was on the same Otoba, and caused the death of the victim G at the I Hospital located in Gyeyang-gu, Incheon on August 19, 2018 at around 18:35.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting range);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. Scope of punishment: From one month to five years of imprisonment without prison labor;

2. Determination of sentence:

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