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(영문) 인천지방법원 부천지원 2017.09.14 2017고단1767
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a radar car.

On April 26, 2017, the Defendant driven the above car at around 12:00 and proceeded with D's front roads in Kimpo-si Kimpo-si, Kimpo-si at Seoul.

At the time, the Defendant was going to cross the road on the front side of the road (73 years old) without permission, so in such a case, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident by accurately manipulating the steering and the right and the right and duty

Nevertheless, the Defendant neglected this and found the victim who is unauthorized to cross the vehicle from the front bank due to negligence, and received the victim in front of the right side of the vehicle.

Ultimately, around April 27, 2017, around 04:52 on April 27, 2017, the Defendant caused the victim's death by occupational negligence, resulting in the death of the victim due to external wound and the protruding down of the prop.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report and a death diagnosis report;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has resulted in a serious consequence of the death of the victim due to the instant traffic accident. However, all the circumstances should be taken into account, including: (a) the Defendant’s mistake is against himself; (b) there is no particular criminal history; (c) the victim’s bereaved family members and the victim’s smooth agreement; and (d) the victim’

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