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(영문) 인천지방법원 2017.11.29 2017고단7298
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence 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 Doz car.

On July 8, 2017, the Defendant driven the above car at around 06:34, and continued to turn to the left on the front road of 401 Dong-dong, Seo-gu, Seo-gu, Incheon, Seo-gu, 309, Jinju apartment 405, the front road of 401.

Since it is a road in an apartment complex, in such a case, the driver has a duty of care to prevent accidents in advance by driving safely, such as whether there is a person on the road, whether he/she is a person on the road, whether he/she is a person on the front side, and accurately operating the steering wheel and brake system, and reducing speed

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, the victim E (33 ) who was on the road above the above road by negligence, served as the front wheels of the car driving seat of the Defendant.

As a result, the Defendant caused the victim to die due to such occupational negligence at the Acheon-ro Hospital located in 774, Namdong-gu, Incheon, Namdong-gu, 11:05 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] The ground for sentencing [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing as set forth below] where there is a substantial fault for the occurrence of traffic accidents or the expansion of damage even to the victim (the victim of special mitigation) [the victim] under Article 62(2) of the Act on the Suspension of Execution (the defendant's age, sex behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the sentence is determined as set forth in the Disposition.

The favorable circumstances:

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