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(영문) 인천지방법원 2015.07.02 2015고단2662
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a cargo vehicle B or B.

On April 3, 2015, at around 21:50, the Defendant proceeded at a crosswalk 1 S-OIL station in Nam-gu Incheon Metropolitan City using three lanes in the direction of the traffic broadcasting shooting distance in the direction of the sports training.

Since its location was 50km/h road, a person engaged in driving service has a duty of care to drive in line with the fixed speed.

Nevertheless, the defendant neglected this and caused the victim C (the 74 years old) who dried the crosswalk to the right side from the left side of the running direction due to the negligence of driving more than the limited speed.

As a result, the Defendant caused the death of the victim from his job negligence to his low-weight shock.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of actual conditions and a traffic accident;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1));

1. Reasons for sentencing under Article 62-2 of the Criminal Act for an order to attend a lecture [decision of types] for general traffic accidents (the death of traffic accidents) - In the event that the victim has committed considerable negligence due to the occurrence of traffic accidents or the expansion of damage, the victim shall be sentenced to no penalty (including efforts to recover damage), [the decision of the recommended area] Special mitigation [the scope of recommendation] February to October / [the scope of recommendation] / In case where the victim falls under the proviso of Article 3(2) of the Act on Special Measures for Traffic [the scope of applicable provisions]: One to five years [the decision of sentence].

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