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(영문) 인천지방법원 2017.12.06 2017고단6057
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 of a Grandroth vehicle B.

On July 13, 2017, at around 20:20, the Defendant returned to the left at a speed of about 10 km from the right kindergarten side to the sand internal market, the front of the road of the 39-lane-dong, Nam-gu, Incheon, Nam-gu.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and the steering system and accurately manipulating the steering direction.

Nevertheless, the Defendant neglected this and caused the damage to the victim C (54 years) who was walking from the direction of the sand internal market on the side of the liquidation lelele, or the part before the driver's seat of the Defendant's vehicle, due to the negligence of neglecting this, caused the damage to the victim at the Gacheon-ro Hospital located 21, 774, Nam-gu, Incheon, Nam-gu, Incheon, on July 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the defendant neglected his/her duty of care and neglected to turn to the left on the back side of a house, and caused the death of the victim by shocking the victim, and thus causing the death of the victim, the crime of this case is not good. However, the victim is covered by a comprehensive insurance, the victim's bereaved family members do not want the punishment of the defendant, and the victim took necessary relief measures after the occurrence of the accident, but the victim took hospital treatment.

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