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(영문) 인천지방법원 부천지원 2015.01.22 2014고단3100

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car as his duties.

On July 6, 2014, at around 22:05, the Defendant driven the above vehicle, leading to a two-lane road in front of the three-lane 1442-1 in the entrance of the Mali-gu Seoul Jeju Jeju Jeju Jeju Jeju High District District, toward the direction of the Magi-ri port from the right side of the Magi-si of the Jeju Jeju High District, leading to a speed of about 70 km at a speed of about 70 km per hour, and leading to a three-distance intersection.

At a non-protective left signal, in such cases, a driver of a motor vehicle shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle by accurately operating the steering gear, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to give the driver a good view of the steering of the motor vehicle.

Nevertheless, the defendant neglected this and found that the speed was reduced in order to make the left turn at the E125 cc otoba driven by the victim D (the age of 68) who was driving ahead of the defendant's vehicle, and operated a sudden operation, but the defendant did not stop, and the part of the victim's Otoba part of the front part of the defendant's vehicle was left over by the victim.

On July 18, 2014, at around 14:18, the Defendant caused the death of the said victim by an occupational negligence to cerebral livers due to the external climatic surgery at the Dongjak-gu Seoul Metropolitan Government Bolaro 20 Bolaa Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of a traffic accident, a traffic accident report, each photograph, death certificate (D), a postmortem examination certificate, each investigation report, and a postmortem examination report;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.