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(영문) 인천지방법원 부천지원 2017.01.10 2016고단3131
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-Scar.

On March 23, 2016, the Defendant driven the above vehicle at around 23:20 on the 23:20th of March, 2016, and proceeded at about 94.1km each hour from the direction of strengthening the convenience store to the office of Kimpo-si, in accordance with the one-lane of the three-lanes from the direction of strengthening the convenience store. Since the night at the time and the place is at the speed of 70km each hour, a person engaged in driving service was at the point of 70km each hour at the highest speed of restriction, and there was a duty of care to observe the restriction speed while driving the vehicle by driving the vehicle in a visual and safe manner.

Nevertheless, the Defendant did not properly examine the front side, while driving a vehicle in excess of the maximum speed of 24.1km, caused the damaged person to go beyond the road by taking the front part of the driver's seat in front of the vehicle in question on the upper right side of the driving direction of the victim F (FF) who crosses the road without permission from the left side of the driving direction.

Ultimately, the Defendant caused the victim’s death due to the above occupational negligence, such as the cage of cage at the site and the fage of credit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident investigation report, a traffic accident occurrence report, on-site photographs, and on-site photographs of the actual survey site;

1. Transmission of a comprehensive traffic accident analysis report and a limited speed photograph at the scene of the accident;

1. A death certificate and a written report of autopsy;

1. Application of Acts and subordinate statutes to a photograph by reporting an investigation (such as the circumstances of accidents) and capturing a motor vehicle boomer image;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents) [the victim] is negligent in the occurrence of traffic accidents or the expansion of damage even to the victim, the victim is not subject to punishment (including efforts to recover damage) [the victim] (the victim is also subject to special mitigation).

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