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(영문) 인천지방법원 2016.05.04 2016고단187

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 C-si.

On October 22, 2015, the Defendant driving the above vehicle at around 20:31, and driving the four-lane road in front of the Seoul Southern-gu Incheon Metropolitan City, at a speed of 111km per hour, depending on the one-lane from the edge of the road in front of the Dong-gu, Incheon Metropolitan City.

It is a road with a speed of 60 km per hour. In such case, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving service by complying with the speed limit.

Nevertheless, the defendant neglected this and caused the difference in the left side of the bicycle driven by the victim E (44 tax) who was driven by the victim E (44 tax) who was driven from the right side of the running direction of the defendant due to the negligence of driving more than 51 km speed per hour.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence by causing the injury of two traumas and the damage of chests in the family-ro hospital located in 774, Namdong-gu, Incheon, Nam-gu, Incheon, 21:58 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site and vehicle photographs, black stuffs images, and photographs and operating recording meters;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] of Article 62(1) of the Criminal Act [the grounds for sentencing] / [the scope of recommendation] of Article 62(1) of the Act on the Suspension of Execution where there is substantial negligence on the occurrence of traffic accidents or the expansion of damage even to the victim (the person subject to special mitigation of punishment in February to October) / In the event that there is a serious fault in causing traffic accidents or causing damage, the amount of punishment not to punish (including the advanced effort to recover damage) - there is no history of punishment of imprisonment without prison labor or more favorable: The fact that there is no history of punishment of the above special mitigation of punishment;