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(영문) 인천지방법원 부천지원 2015.10.30 2015고단2581
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a Bio car.

On September 14, 2015, the Defendant driven the above vehicle on September 12:10, 2015, and continued to run in the vicinity of the 190 drinking-ro 190 drinking-ro.

Since there is a place where the left-hand turn can be made, there is a duty of care to prevent accidents by accurately manipulating the traffic situation of the front and rear left-hand and the steering system.

Nevertheless, the defendant neglected to turn to the right on the front green signal and proceeded to the left, due to the negligence of the defendant's vehicle's failure to turn to the right on the front green signal, received the victim C's Daobb, who was going to go directly according to the green signal from the front side, and made the victim go beyond the victim.

Ultimately, at around September 18, 2015, the Defendant caused the death of the victim, who was receiving treatment at the 170 Yacheon-gu Sub-si Hospital, Seocheon-gu, Seocheon-gu, Seocheon-gu, 170, due to the foregoing occupational negligence, due to the fladic shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. 현장사진 및 CCTV켑쳐

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

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. Reasons for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing as follows] General traffic accident [the scope of recommendation] is the mitigated area (4 to 10 months) [including special mitigation] of the mitigated area (including efforts to recover from traffic accident] [the decision of sentence] the victim's death], the victim's mental impulse seems to be large, the victim's bereaved family's mental impulse seems to be large, the vehicle operated by the defendant is covered by a comprehensive insurance, the fact that the defendant has agreed with the victim's bereaved family members, the confession and opposition are made.

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