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(영문) 인천지방법원 부천지원 2017.11.24 2017고단2326
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 drives a Kaman car as his duties.

On September 2, 2017, the Defendant driven the said car at the front of G in Bupyeong-si F on September 2, 2017, and proceeded to the third elementary school from the side of Bupyeong-si.

Since the restricted speed is 60 km per hour, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brake system by complying with the restricted speed and properly seeing the right and the right and the right of the way.

Nevertheless, the Defendant neglected this, while driving at a speed exceeding approximately 31 km per hour, and did not discover the victim H (68) who was unauthorized to cross the road without permission due to negligence that does not well see the right and the right and the right of the road, and let the victim use the victim's body part in front of the right of the said vehicle on the floor, and caused the victim to die with a fluench in the fluor of the pak-si University Busan National University on September 17, 2017.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A traffic accident report and a death diagnosis report;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Social Service and Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the Social Service and Criminal Act [the scope of recommended punishment] the mitigated area (4 months to 1 year) [including special mitigated persons] the punishment non-permanent (including serious efforts to recover from damage] [the decision of sentenced punishment] the defendant caused a traffic accident exceeding 31 kilometers or speed and the serious result of the victim's death.

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