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(영문) 인천지방법원 2015.01.15 2014고단7075
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of CCA110V.

On June 24, 2014, at around 05:10, the Defendant driven the above Oralba, and led the front road D in front of the Incheon Bupyeong-gu, Incheon, to the luminous elementary school sloped from the Jinjin-gu, Incheon.

Since the victim E (V, 74 years old) was crossing the road, the defendant engaged in driving of the motor vehicle had a duty of care to prevent traffic accidents by accurately manipulating the boom, steering and brake devices.

Nevertheless, the Defendant neglected this and led the victim to go beyond the floor by shocking the right side part of the victim with the front quith part of the above Orala, which led the victim to go beyond the floor.

On June 25, 2014, at around 13:19, the Defendant caused the death of the victim, such as cerebral cerebral blood, dubs by external wounds, etc. while being receiving medical treatment at the Incheon Women's Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs of the accident site, traffic accident report, internal investigation report, traffic accident analysis report, notification of the results of the traffic accident analysis, opinion on examination of maximum speed limit of children protection zones on the maximum speed limit of children protection zones, and report on internal investigation;

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

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense.

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of type: 19. Traffic, 01. General traffic accident, (Type 2) traffic accident, etc.;

(b) A special breeder: No person;

(c) General life-sustaining persons: Reduction factors (Purchase of the motor vehicle comprehensive insurance);

(d) Scope of recommendations: Basic area, August to June; and

3. Determination of sentence: Ten months (limited to reasonable circumstances) of imprisonment without prison labor, the crossing of a victim, the purchase of a comprehensive motor vehicle insurance, or the suspension of execution or more criminal records shall be free of any disadvantage.

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