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(영문) 인천지방법원 2017.02.02 2016고단7981
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM7 car.

On October 20, 2016, the Defendant driven the above car at around 20:48, and proceeded at the speed of about 104.7 km (the technological analysis of the Road Traffic Authority) at the speed of about 104.7 km (the technological analysis of the Road Traffic Authority) at the speed of 104.7 km (the technological analysis of the Road Traffic Authority) at the speed of the five-lane road in front of Incheon Seo-gu, Seo-gu, Incheon, toward the right side of North-do.

In such a case, the defendant engaged in driving of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the regulatory speed.

Nevertheless, the Defendant did not neglect his duty to care and drive a road at a speed of more than 20 km per hour while driving it at a speed of more than 20 km per hour, and did not discover the victim E (n, 63 years old) who crosses the road to the right side from the left side of the running direction of the Defendant, and received the victim as the front part of the vehicle of the Defendant.

Defendant 2 caused the death of the victim due to cerebral injury on the job at around 21:15 of the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Notification of traffic accident analysis results;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to the suspected vehicle and field 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 Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., is that the Defendant, while driving a motor vehicle without significantly exceeding the speed of restriction and neglecting his duty of an exclusive view, led the victim to the death of the victim by shocking the victim who was crossing the road of the direction of the driving of the motor vehicle. However, the Defendant is not guilty in committing the instant crime.

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