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(영문) 인천지방법원 2014.07.17 2014고단1754
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the city bus in the case of fishing of C New Daily.

On December 31, 2013, the Defendant driving the above vehicle on the 17:51st day of December 31, 2013, and making a left-hand turn at a speed of about 10 km at a speed of 10 km per hour from the 2nd side of the Western-gu Incheon Metropolitan City, along the intersection in front of the “Songwon Elementary School” located in the Seocho-gu, Seo-gu, Incheon.

At the time, there is a night and a place where the left turn is a signal for the left-hand turn, so there was a duty to turn to the left by looking at there is a vehicle directly from the opposite part of the driver.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and caused the part on the left side of the victim D(the 59-year-old driving) driving, which was directly driven by the signals in the direction of the Western 2 Zone, to go beyond the road by taking the part on the left side of the Defendant’s vehicle as the front part of the left part of the Defendant vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim as a part of the training horse for the care of the patient in the F Hospital on January 3, 2014, at around 11:00.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A survey report on actual condition of an accident, photographs of the condition of an accident, photographs of the shock side of the skin vehicle, photographs of the direction of the accident, photographs of the accident points, photographs of the damaged otobane, photographs of the direction of the moving, and moving pictures installed on the skin vehicle;

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

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

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) A special breeder: No person;

(c) General person: Reduction factors (purchase of comprehensive motor vehicle insurance, deposit of a reasonable amount), aggravation factors, and other special teaching characteristics under the proviso to Article 3 (2) of the Act;

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