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(영문) 인천지방법원 2017.03.30 2016고단7444
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On September 5, 2016, the Defendant driven the above car at around 16:15, and proceeded at a speed of about 50km in the speed of about 50km in the direction of the city in the direction of the normal distance, from the same parallel of the three-lane 3-lane Ro-gu, Incheon Bupyeong-gu, Incheon, at the same basin.

The three-lanes at the time were stopped according to the cross-road stop signals, and the side of the four-lanes that the Defendant was driving. In such a case, the driver had a duty of care to prevent accidents caused by the appearance of pedestrians, etc. while driving on the front side and the left side.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected and proceeding in the front side of the vehicle and did not discover the victim D (W, 79 years old) who crosses the three-lane to the four-lanes, and received the victim D (W, 79 years old) from the left side of the said vehicle.

Ultimately, at around 00:54 on the 11th day of the same month, the Defendant caused the death of the victim at the 56 MoTol Hospital in the same number of Bupyeong-gu, Incheon, a 56 Motol University sex hospital due to acute climatic blood and mathral blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Sponsor's vehicle, accident scene, and photographic images of video-recordings;

1. Application of Acts and subordinate statutes of a death certificate;

1. Where the reason for sentencing under Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act [the scope of recommended punishment] is the case where the victim is negligent in causing traffic accidents or expanding damage in the area of mitigation (four months to one year) (person with a special mitigation) [the person with a special mitigation] [the decision of sentence] although Defendant's driving vehicle is covered by a comprehensive insurance and deposits KRW 7 million for the victim's bereaved family members, the defendant was involved in traffic-related crimes.

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