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(영문) 인천지방법원 2017.07.21 2017고단1803
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two 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 C and C freight vehicles.

On December 19, 2016, the Defendant, around 03:20, proceeded at a speed of about 85 km in speed, depending on two lanes between the two-lanes between the two-lanes.

At night, since the low level of the surface was milched at the time, there was a duty of care to operate safely by complying with the speed of the front line and the speed and accurately operating the steering system and the brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and caused the victim D (the age of 76) who was on the two-lanes due to the negligence of neglecting it, and received the victim D (the age of 76) as the front offender of the said cargo vehicle.

Ultimately, around December 19, 2016, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the following reasons:

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident and replies to the results of the analysis of a traffic accident;

1. Application of Acts and subordinate statutes to death certificates;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of the recommended punishment] The special mitigation area (two months to one year) of the two types of traffic accidents (the special mitigation area] [the victim] also has a considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the decision of sentence] disadvantageous circumstances (the victim's death caused by the traffic accident in this case), favorable circumstances (the victim is at considerable negligence in the occurrence of the traffic accident in this case, the crime is recognized and closely against the victim's bereaved family members, and the victim's bereaved family members want to be punished.

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