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(영문) 인천지방법원 2015.02.04 2014고단8857
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 who is engaged in driving a Clearning car.

On September 23, 2014, the Defendant driven the above vehicle on September 15, 2015, and got the vehicle back on the way front of the Incheon Jung-gu apartment settlement.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the steering system and to prevent accidents by properly operating the steering system of the motor vehicle.

Nevertheless, the Defendant neglected this and discovered the victim E (M, 77 years of age) who was at the same time due to the negligent negligence, and followed the speed pedal instead of the brake, thereby having the victim go beyond the ground by taking the back of the driver's seat of the above vehicle.

As a result, the Defendant, by negligence in the above business, was receiving treatment from the victim due to one’s external depression, which had no open address, and caused the death of the victim due to acute cerebral cerebral cerebral cerebral cerebral cerebral cerebrala from the Gacheon Hospital around December 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Not subject to punishment (special mitigation) for the mitigation area (4 to 10 months) of the Class II (Death, etc. resulting from Traffic Accidents) in general within the scope of recommending punishment;

2. Determination of sentence of this case does not include the nature of the crime, but the above special mitigation and reflects the above special mitigation, the subscription to comprehensive insurance, the absence of any reason falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the time of the instant crime, the absence of criminal records, and other various sentencing factors, including the Defendant’s age, character and conduct, and environment, shall be determined in consideration of the punishment.

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