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(영문) 인천지방법원 부천지원 2014.05.14 2014고단518
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 who is engaged in driving freight vehicles C.

On January 24, 2014, around 05:50 minutes, the Defendant proceeded at a speed of 33 km per hour, depending on the two-lanes of speed from the side of the Busan District Court to the surface of the shooting distance in front of the elementary school in front of the dispatching District Court.

In such a case, a person engaged in driving service has a duty of care to check and drive the course safety by checking well the right and the right of the person engaged in driving service.

Nevertheless, the victim D (the 77 years old) who was pushed ahead of the driver's vehicle due to the negligence of driving the vehicle without discovering that the victim is in a career and was driving the vehicle on the front side of the driver's vehicle.

Ultimately, at around 10:30 on February 13, 2014, the Defendant caused the death of the victim D due to the cardiopulmonary resuscitation in E Hospital’s occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. The screen of a witness driver's boomor and a photograph related to the accident by cutting down the witness's motor vehicle;

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 Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The defendant's reason for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing following the suspended sentence) causes a traffic accident by negligence and causing death of the victim is a primary offender, which is disadvantageous to the defendant, and the defendant has no gross negligence provided for in the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the defendant is recognized as only a relatively minor negligence in violation of the duty to keep on the face of the period of night, and the victim also

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