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(영문) 인천지방법원 2015.01.29 2014고단8915
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 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 a character B or a car.

On November 20, 2014, the Defendant driven the above vehicle at around 02:22, and driven the three-lane road in front of the D convenience point in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, at about 60 km from the wals active side to the walsian mountain.

In such cases, a driver of a motor vehicle has a duty of care to live well in front and rear left and drive the steering gear accurately and to prevent accidents by safely operating the steering gear.

Nevertheless, the Defendant neglected this and found the victim E (the age of 82) who illegally crossed the crosswalks around the pedestrian crossing due to negligence of neglecting it, and caused the victim to face with the front part of the Defendant vehicle.

Ultimately, around November 23, 2014, at around 16:35, the Defendant caused the victim to die of an external wound, which had been receiving medical treatment from the 170 Yacheon-gu Yacheon-gu Yacheon University affiliated with the Gancheon-si University, the instant accident caused the victim’s death of an external wound.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on the actual situation, an accident booming video, an accident scene photograph, and a report on the internal investigation;

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 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: 19. Traffic, 01. General traffic accident, (Type 2) traffic accident, etc.;

(b) A special person for appearance: A mitigation factor (not subject to punishment, gross negligence of the victim);

(c) General convicts: Reduction elements (no criminal punishment power is available, and comprehensive motor vehicle insurance is subscribed);

(d) Scope of recommendations: Special mitigation areas, two months to ten months;

3. Determination of sentence:

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