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(영문) 인천지방법원 2017.09.27 2016고단8591

교통사고처리특례법위반(치사)등

Text

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

Reasons

Punishment of the crime

The defendant is a person who drives Orala with unregistered 124CC beams.

On May 2, 2016, the Defendant driven the above Obaon on the 11:05th day of May 2, 2016, and led the road of 3rd line in front of the main runway distance from the south-gu Incheon, Nam-gu, Incheon, to a speed of about 91 km from the south-dong sports center to the south-dong-gu.

Since there is a section where the regulatory speed is 60 km per hour, there was a duty of care to comply with the regulatory speed and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and negligently driven a vehicle at a speed exceeding about 31 km per hour, changing the lane from the two lanes next to the Defendant in the last place to one lane, and the latter part of the Victim B (32 Do) driving in the future of the Defendant was sent to the Defendant’s driver, who was driving.

Ultimately, the Defendant caused the victim B by such occupational negligence to die from E hospital located in Nam-gu Incheon Metropolitan City, Nam-gu around 13:00 on the same day, and at the same time caused the victim F (e.g., the 31 years old) who was on the back seat of the Defendant, and caused the victim F (e.g., the 31 years old), who was on the back seat of the Defendant, to suffer injury, such as a closed frame that requires about 10 weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G (part), H (part), and I;

1. A protocol concerning partial prosecutions and police interrogations of the accused;

1. Each police statement made to J, K, H, F (part), and I;

1. A survey report on actual conditions;

1. Request for appraisal (in the course of investigation records No. 25, 26 pages) and accompanying video CDs, each investigation report (in the course of investigation records No. 119, 120, 123 through 125), investigation report (in the course of investigation records No. 119, 120, 123 through 125), investigation report (in the course of investigation), investigation report (in the course of external investigation), and response to a request for appraisal attached thereto;

1. The results of the traffic accident analysis conducted by the Road Traffic Authority (including screen pictures CDs bound at the end of the investigation record);