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(영문) 인천지방법원 부천지원 2017.04.21 2017고단466
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a BMW car.

On December 6, 2016, the Defendant driven the above vehicle at around 02:28, and proceeded at a speed of about 83-166km from the right edge to the right edge of the road in front of Seocheon-gu, Seocheon-si E, Seoul, about two lanes.

At the time of night, there is an intersection with a signal at night, and a road with a speed of 60 km per hour, so there was a duty of care to prevent accidents in advance by complying with the signal and speed limit and driving safely by checking well.

Nevertheless, the Defendant neglected this and caused the damage to the road by failing to avoid the victim F (V, 68 years of age) who takes a red pedestrian bicycle on the right side from the left side of the running direction of the Defendant driving vehicle to drive the crosswalk in the right side and neglecting the speed of the limitation to exceed 20 km per hour.

Ultimately, the Defendant caused the above victim’s death by occupational negligence at around 02:29 on the same day with 170 as the floor of the fathercheon-si Chocheon-si Chocheon-si’s Chocheon-si’s Chocheon-do University (hereinafter “Seoulcheon-do University”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. The actual investigation report on traffic accidents and the inspection report;

1. A traffic accident analysis and appraisal report;

1. A death certificate;

1. Application of photographic and accident video-related Acts and subordinate statutes to a photograph or screen to a course;

1. Article 3(1), Article 3(2), proviso 1, and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the reason for imposing sentence of imprisonment without prison labor [the scope of the recommended sentence] of the basic area (eight months to two years) (special mitigations) [Special Mitigations] of the basic area (special mitigations) (special mitigations)] of Article 3(1), Article 3(2), proviso 1, and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning the Selection of Punishment.

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