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(영문) 인천지방법원 2014.03.27 2013고단8170
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four 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 BF rocketing car.

On October 26, 2013, around 06:50 on October 26, 2013, the Defendant proceeded at a speed of about 40 km from the surface of the Gu mountain road to the surface of the Dong mountain road at a speed of about 40 km.

In this case, the driver of the vehicle has a duty of care to properly see the front left and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, due to negligence of neglecting this, the Defendant did not discover the victim C (39 years of age) who illegally crosses the road on the right side from the left side of the running direction of the Defendant Madle Motor Vehicle without permission, and received the part of the victim's right side body with the left side of the above vehicle.

Ultimately, around November 14:05 on November 7, 2013, the Defendant caused the death of a victim who was receiving medical treatment at a hospital due to the above occupational negligence in the E Hospital located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City due to the death of the victim due to the depression.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and a traffic accident report, actual condition investigation report;

1. Statement of the police statement concerning F;

1. A death certificate;

1. Application of Acts and subordinate statutes, such as investigation reports, internal investigation reports (in the scene of an accident, etc.), and photographs at the scene of an accident;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. The reason for sentencing under Article 62 (1) of the Criminal Act, which is favorable to the defendant, shall be considered as follows:

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crime, ordinary traffic accident, and death or injury of traffic accidents;

(b) Sentencing: the Sentencing of the victim without permission, the agreement between the victim and the victim, and the defendant's serious reflects, while the victim's scambling of pedestrian signals in a red state;

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