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(영문) 의정부지방법원 2016.04.05 2015고단4154
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of the ambulances 129 first-aid vehicles.

On August 1, 2015, around 15:50, the Defendant continued to run approximately 99.3 km each hour from the tri-distance distance towards the road of 43-lanes adjacent to the Sungdong-ri, Sungdong-ri, Seocheon-si, Seocheon-do, Seocheon-do., along the two-lanes towards the parallel distance.

In this case, since the speed limit was 80 km in the general roads of two lanes, and at the time, the rate was milched at the time, there was a duty of care to prevent accidents in advance by complying with the speed limit of 64 km per hour at a speed of 20/100 a speed of 20/100 a speed of speed for those engaged in driving a motor vehicle and operating a steering gear and brake accurately.

Nevertheless, the Defendant neglected to do so and caused the speed exceeding 35.3 km per hour, and caused the said vehicle to turn on the left, and caused the Defendant to turn off the said vehicle on the left part of the front part of the Defendant’s vehicle, which was installed on the left part of the Defendant’s running direction, and led the said vehicle to turn on the cement retaining wall installed on the right side of the passing direction.

Ultimately, the Defendant caused the death of the victim E (31) of the Dong-gu Incheon Metropolitan City on August 26, 2015 due to the foregoing occupational negligence, which was located in 774-gil 21, Nam-dong, Nam-gu, Incheon Metropolitan City, where he was under the treatment of around 12:12 on August 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;

1. A death diagnosis report or postmortem report;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes to accident scene and related vehicle photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing of Article 62-2 of the Criminal Act.

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