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(영문) 인천지방법원 2016.09.29 2016고단4819
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 a low-priced car.

On May 7, 2016, the Defendant, at around 20:56 around 20:56, proceeded at about 76 km from the south East-gu Incheon Metropolitan City, along a five-lane road of the white board distance of 997, to the south East-gu, Incheon Metropolitan City.

At the time, since it was difficult for a driver to see the front light due to the beam of the headlights of motor vehicles operated at night, there was a duty of care to reduce the speed and drive the front left and right well.

Nevertheless, the Defendant did not discover the victim C (21) who has driven without permission from the right side on the left side of the running direction of the defendant, due to negligence of driving the vehicle without permission, and did not get the victim C (21) to go beyond the ground.

Ultimately, at around 02:35 on May 8, 2016, the following day, the Defendant caused the death of the victim due to the fluoral dye and cerebral dye in the Gacheon-ro Hospital located in 774-gil 21, Nam-dong, Incheon, Nam-dong, where the victim was under the direct transmission treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A survey report on actual conditions;

1. Comprehensive traffic accident analysis report;

1. Report on investigation (speed of the suspected vehicle);

1. A death certificate;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

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. For the reason of 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 Protection, etc., the Defendant, while driving a motor vehicle, neglected to perform his/her duty of prior warning, and led to the death of the victim by shocking the damaged party crossing the road in the direction of proceeding, and causing the death of the victim, the crime is not good, but the Defendant has no criminal history.

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