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(영문) 인천지방법원 2014.09.03 2014고단4314
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year 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 Cren car.

On March 27, 2014, around 07:36, the Defendant straightened a point of 90.25 km from the outer cycle road of Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the U.S. at an aesthetic speed at a five-lane distance between the 5-lane and the 5-lane.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and found the Dammed vehicle of the victim D(53 years old) to be stopped at the front right of the damaged vehicle in the front of the Defendant’s vehicle, but failed to stop because of the sudden operation and hand-over, which led to a sudden breakdown of the damaged vehicle. As a result, the victim, while the damaged vehicle was pushed between the front right of the damaged vehicle and the wall, left between the wall and the damaged vehicle.

Ultimately, the Defendant’s occupational negligence in causing the same injury to the victim.

4. Around 15:11, 25: Around 11, 25: (a) death was caused by multiple-explosion organs, etc. while being hospitalized in the patient room at the home-based hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each report on actual condition;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Not subject to punishment (special mitigation) for the mitigation area (4 to 10 months) of the Class II (Death, etc. resulting from Traffic Accidents) in general within the scope of recommending punishment;

2. The sentence decision defendant is not less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than less than 10 years of negligence, resulting in the death of the

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