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(영문) 인천지방법원 부천지원 2016.09.06 2016고단1940
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 12, 2015, the Defendant driven the said car at around 22:50, and continued to drive the said car at approximately 128 km each hour at a distance of 6.4 km from the boundary of the mid-to long-distance metropolitan highway in the Hasan-gun of the Republic of Korea.

At night, the front door is an expressway at the left side, so a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle and to properly operate the steering gear and the brake system when a sudden situation occurs, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to drive the victim C(52 years old) on the road due to the preceding accidents, and found the victim CMF5 car on the road late later, and did not avoid it, and received the part above SMF5 car’s left side by the front part of the said SMF5 car.

Afterwards, F, who has driven Echip car at the rear side of the above Sochip car, received again the left rear part of the above SM5 car as the front part of the Echip car.

Ultimately, around 00:22 on June 13, 2015, the Defendant caused the victim’s injury to the above occupational negligence, thereby causing the victim’s injury to the H Hospital G located in Chang-gu, Changwon-si, Changwon-si, Changwon-si to death.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Police suspect interrogation protocol of F or I;

1. Each police statement to J and K;

1. Lritten statements;

1. Acceptance copy of the actual survey report on traffic accidents and the comprehensive analysis report on traffic accidents;

1. A written result of autopsy;

1. Application of the statutes governing traffic accident-related photographs;

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 of Article 62(1) of the Criminal Act is suspended.

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