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(영문) 인천지방법원 2014.12.11 2014고단7981
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 engaged in driving a radar car.

On September 13, 2014, at around 17:37, the Defendant continued to run approximately 50 km of Sin-ri speed on the 56-lanes in the Seopo-ri side of Seopo-ri, Seopo-ri, Incheon, Incheon, Seopo-ro.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering gear and brakes of the motor vehicle, and has a duty of care to safely drive the motor vehicle by taking into account the traffic situation in the front.

Nevertheless, the Defendant neglected this and proceeded as is without looking ahead of it, and did not discover the victim C (year 76) driving with the right side from the left side of the running direction, and did not discover the victim C (year 76) driving and got the victim into front side of the motor vehicle left side part of the defendant's motor vehicle driving, and turned the victim over the floor.

As a result, the Defendant caused the victim to die due to the above occupational negligence in around 19:05 on the same day from the hospital located in 11-gil, 312-gil, according to the strengthening Eup of the Incheon Si-Si-Si Incheon, resulting in the death of the left-hand scars and two pelkes during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, a black stuff photograph, a photograph of the scene of the traffic accident, a photograph of the scene of the accident, a photograph of the scene of the accident and a report on investigation;

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 and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

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 type: [19] Traffic crime, 01. General traffic accident, [2] Traffic Accident, Death of a traffic accident;

(b) Persons with special punishment: Reduction elements (not subject to punishment);

(c) General persons: Reduction factors (no motor vehicle comprehensive insurance policy or criminal punishment shall be available);

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