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(영문) 인천지방법원 부천지원 2015.06.26 2015고단894
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a 1 ton cargo vehicle B and C.

around 15:30 on March 24, 2015, the Defendant parked in the D cafeteria parking lot located in Seocheon-gu, Seocheon-gu C.

Since there is a light photograph, there was a duty of care to prevent accidents by preventing vehicles from getting off, such as accurately taking safety measures when parking, etc. to those engaged in driving vehicles.

Nevertheless, the Defendant neglected this and opened a dong by leaving the vehicle in a neutral zone, leaving the driver's seat, etc., and caused the above vehicle to be cut back by negligence, which did not accurately take safety measures, and caused the above vehicle to fall behind the above vehicle of the victim E (n, 6 years old) on the wall, which had been posted on the wall after the vehicle of the defendant at the time, shocked the half part of the victim E (n, 66 years old) on the back side of the above vehicle of the defendant.

As a result, the Defendant suffered damage to the victim’s right by occupational negligence, and the pressure trag of the body with which the Defendant installed, such as an acute refrativity, waste collecting, and a paract shock, etc. on April 7, 2015. On April 7, 2015, the Defendant caused the death of a parous shock at the Macheon-do University Sub-Acheon-si University Hospital, which was located in 170 as the floor of the Macheon-si

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a death certificate, and an autopsy report;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. As to the instant accident under Article 62(1) of the Criminal Act, the victim’s death cannot be deemed to be less than that of the victim.

However, the defendant recognized his mistake and reflects, the defendant is joining the Financial Cooperative, the defendant paid 23 million won to the bereaved family members of the victim, and the above bereaved family does not want the punishment of the defendant, and the defendant is the defendant.

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