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(영문) 인천지방법원 2017.05.24 2017고단1615
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 CM vehicles.

On February 6, 2017, the Defendant driven the above vehicle around 06:10, and driven the front road of Incheon Seo-gu, Seo-gu, Incheon, at approximately 50km away from the long distance of sand-proof bamboo.

At the time, the victim E (54) was a new wall at the front of the defendant, and the road was crossing from the left side of the defendant's moving direction to the right side, so the driver of the motor vehicle had a duty of care to live the front side well and to prevent the accident by accurately manipulating the brake system in advance.

Nevertheless, the Defendant neglected this and got the victim in front of the Defendant’s vehicle due to negligence.

Ultimately, the Defendant caused the victim to die due to such occupational negligence on February 6, 2017, around 06:34, and around 774, Nam-gu Incheon Metropolitan City, Nam-gu, Seo-gu, Incheon Metropolitan City. 21, Dong-gu, to death due to the injury to the two main wound.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Protocol of inspection;

1. A criminal investigation report (top telephone conversationss), a criminal investigation report (to attachCCTV images) and the application of photographic Acts and subordinate statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act is that, while driving a motor vehicle, the Defendant neglected his/her duty of prior warning while neglecting his/her duty, leading to the instant crime resulting in the death of the victim, which led to the death of the victim. However, the Defendant is the first offender with no criminal history, and his/her bereaved family members agreed with the victim, and thus, the Defendant does not want his/her punishment.

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