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(영문) 인천지방법원 2016.07.21 2016고단3401
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 also a person who is engaged in driving a car.

On April 6, 2016, the Defendant driven the above car at around 19:30 on April 6, 2016, and led to the driving of the above car at about 43 km each hour according to the speed of 43 km from the department store room of the department store of the Incheon Incheon Metropolitan City.

At the time, the vehicle signal was installed at night, and in such a case, there was a duty of care to prevent accidents in advance by operating the steering system and the steering system accurately, and operating the steering system and the steering system in a safe manner.

Nevertheless, the Defendant neglected this while driving a central line, overtakened a taxi which was at the right time in front of the signal signal at the front, followed the signal apparatus of the front-way vehicle, but did not see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant caused the death of the victim by occupational negligence at around 19:51 on the same day due to the brain and long-term damage on credit at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A survey report on actual conditions;

1. Investigation report (request for appraisal of a traffic accident);

1. A death certificate;

1. Application of the Acts and subordinate statutes on black stuffs;

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 (amended by the Presidential Decree No. 1060, Jan. 1, 2001) (hereinafter “The following sentence grounds”)

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