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(영문) 인천지방법원 부천지원 2013.10.11 2013고단2601
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving a rocketing car.

On May 31, 2013, at around 00:30, the Defendant proceeded with the front road of 1035-4, Dong-dong, Seocheon-si, Seocheon-si, Seocheon-si, with the front side of 1035-4, Dong-dong, Seocheon-si as the front side of the river.

At night, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by safely examining the left left.

Nevertheless, the Defendant neglected this and driven the front left, and caused the body of the victim C (33 years old) who dried the crosswalk in contravention of the signal by negligence, and caused the victim to fall on the road due to the shock of the left side of the Defendant’s vehicle and shock of the victim in front of the left side.

As a result, the Defendant caused the victim's death by the above occupational negligence at the E Hospital located in Bupyeong-gu, Youngcheon-gu, Seoul Special Metropolitan City around 00:45 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. The actual survey report (1) (2) and on-site photographs;

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 Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (General Considerations such as the confession of the crime in this case and the violation thereof, the negligence of the victim without permission in the occurrence of an accident, the vehicle driven by the defendant is covered by a comprehensive insurance, and the agreement is made with the bereaved family members of the victim separately);

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