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(영문) 인천지방법원 2016.02.24 2015고단6184
교통사고처리특례법위반
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 a KS5 car.

On August 9, 2015, around 21:54, the Defendant proceeded with a four-lane road in front of the Nam-gu Incheon Metropolitan City E, Nam-gu, Incheon, about 50km each hour according to two-lanes from the boundary of a new engineer distance to the shooting distance of the passenger.

A person engaged in the driving of a motor vehicle has a duty of care to inform the direction of the change in the direction when changing the direction of the motor vehicle, etc. and to safely drive the motor vehicle by considering the traffic situation on the left and right.

Nevertheless, the Defendant neglected this and tried to change the vehicle line to a three-lane without examining it well, and caused the victim to have a fire hydrants installed on the right side of the vehicle operated by the Defendant with the front part of GEX 125CC driving GEIV 125CC 125 on the part of the victim F (22 ) who was going in the three-lane course due to occupational negligence.

In the end, the Defendant caused the death of the victim by occupational negligence during the transfer to the Gacheon-ro Hospital around 22:12 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to dead bodies;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The basic area (from August to January), the basic area (the person subject to special sentencing) [the decision of sentence] [the person subject to special sentencing] of the type of traffic accident [the person subject to special sentencing] [the decision of sentence] - The fact that there is no previous conviction for the same kind of crime, the fact that there is no favorable circumstance, the fact that a total of KRW 30 million has been deposited for the heir of the victim, the fact that the victim died and suffered irrecoverable damage, and the fact that there

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