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(영문) 인천지방법원 부천지원 2017.10.13 2017고단1482
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the E-Wurd motor vehicle.

On June 14, 2017, the Defendant driven the above car at around 15:30 on June 14, 2017, and led to the driving of the above car at around 49-0, Seocheon-gu, Nowon-gu, Seocheon-si, and 2730 lanes prior to the 2730-dong.

A driver of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected this by negligence and neglected the victim F (the age of 58) who was carrying the string to the string line of the vehicle at the front line of the Defendant’s car.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Yancheon-si University Busan National University, 170, at around 15:59 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Making teas;

1. Application of Acts and subordinate statutes by cutting off a photo of a changeer, on-site photograph of an accident, or by cutting down a black stuff;

1. There are circumstances that may be considered in light of circumstances, such as the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the reason for sentencing of imprisonment without prison labor [the scope of recommended punishment] [the grounds for imposing punishment] the basic area ( August to two years) (the person subject to special sentencing] [the decision of sentencing] [the fact that the defendant seems to have caused the traffic accident of this case due to his/her failure to drive, the fact that the defendant recognized the mistake and reflects his/her depth, and the fact that he/she is the first offender.

However, the accident of this case resulted in the result of the victim's death, and there was an unavoidable circumstance that the defendant was forced to shock the victim, or there was a negligence by the victim, as long as the accident of this case was inevitable.

It is difficult to see that the defendant's failure to drive is the cause of the accident, and the degree of the defendant's negligence is not small, and the victim's bereaved family is the victim.

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