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(영문) 인천지방법원 2017.07.05 2017고단3283
교통사고처리특례법위반(치사)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle with soflurt from D.

On March 25, 2017, around 17:20 on March 25, 2017, the Defendant moved back farming roads adjacent to the Ethro of Incheon Strengthening-gun to the brupted Village from the burging bank.

Since there was a waterway of a height of 4 meters (1.2 meters in depth) on the back side of the defendant, there was a duty of care to live well in the back to the driver of the motor vehicle and to prevent the accident by accurately manipulating the brake system in advance.

Nevertheless, the defendant neglected this and caused the defendant's vehicle to fall into the above waterway by negligence.

Ultimately, the Defendant caused the death of the Victim F (29 years) who was on the top of the Defendant’s vehicle by occupational negligence, at the H hospital located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do around March 26, 2017, caused the death of the victim F (29 years of age) by a multiple prolonged charging, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A survey report on actual conditions;

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

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. Suspension of sentence;

(a) Eight months of imprisonment without prison labor to be suspended;

B. The reason for sentencing under Article 59(1) of the Criminal Act (in light of the favorable circumstances in light of the reasons for sentencing as set forth below) of the suspended sentence is that the Defendant, while driving a motor vehicle in a narrow farming channel adjacent to a waterway and then falling into the number of vehicles due to the failure to drive the motor vehicle and caused the victim to die, and the crime of this case is not less than that of the crime. However, the Defendant is the first offender with no criminal history; the Defendant was the first offender with no criminal history; the Defendant was driving a motor vehicle for five years, while driving a motor vehicle with the victim who promised to move to a marriage while driving the motor vehicle, and then driving the motor vehicle to move the vehicle to the place which was originally beautiful.

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