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(영문) 인천지방법원 2020.05.15 2019고단9460
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 the operation of K5 cars.

On October 3, 2019, at around 02:43, the Defendant driven the front road of the 840 old-gu, Namdong-gu, Incheon, Nam-gu, Incheon, into the boundary of the office building distance of the Nam-gu, Namdong-gu.

At the time of night, there was a situation in which it is difficult to secure the view due to night, and because the surface was milched, it was so that it was lower than 60km/h at a speed of 48km/h, which is lower than that of ordinary speed limit, and thus, there was a duty of care to keep a person engaged in driving a motor vehicle in accordance with the speed limit and to prevent an accident by properly examining the right and the right and the right of the motor vehicle and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the victim C (the age of 24) who walked from the left side of the vehicle in the direction to the right side by the negligence of driving approximately 76km/h at the speed of about 76km/h, to shock the victim C (the age of 24) with the front part of the vehicle of the Defendant.

As a result, the Defendant caused the death of the victim by the negligence of the above business, at the E hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu, where the victim was under the follow-up treatment at around 04:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A death certificate;

1. Application of Acts and subordinate statutes to practical survey reports, photographs, traffic accident diagnosis reports, and investigation reports (in response to speed assessment of the Road Traffic Authority);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant violated his duty of safe driving, resulting in the death of the victim, and the result is heavy.

However, it seems not to be easy to find a victim who illegally crossed at night, and the vehicle operated by the defendant is joining G, and the defendant is separate from this.

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