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(영문) 인천지방법원 2017.02.16 2016고단8956

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment 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 also a person who is engaged in driving a sports cargo vehicle B.

On October 24, 2016, the Defendant driven the above car at around 05:20 on October 24, 2016, and proceeded at about 82 km/h speed from the 35-lane to the 35-distance distance from the 3-lane to the 3-lane from the 3-lane north-gu Incheon Metropolitan City.

At all times, the traffic signal apparatus and crosswalk are installed and operated, and at night, the restricted speed is 60km/h/h, so there was a duty of care to prevent accidents by accurately operating the steering gear and brakes while complying with the restricted speed and thoroughly operating the steering gear.

Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 22 km/h, and the Defendant obtained the bicycle of the victim C (48 tax) who goes on the right side from the left side of the front bank to cross the crosswalk, and had the victim go beyond the floor.

Ultimately, at around October 25, 2016, the Defendant caused the death of the victim due to the above occupational negligence at an innate hospital located in the middle-gu Incheon metropolitan route 27, Jung-gu, Incheon, resulting in the death of the victim due to the cerebral cerebral cerebral cerebrovassis.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to A, D, and E;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. A death certificate;

1. Application of the Act and subordinate statutes on video CDs or accident scene 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. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc., is that the Defendant driven a motor vehicle while driving the motor vehicle while neglecting his/her duty of care in the former and neglecting his/her duty of care in the former.