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(영문) 인천지방법원 2018.10.24 2018고단5414
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above sentence shall be suspended for three 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 a rocketing individual taxi vehicle.

On December 16, 2017, around 00:57, the Defendant proceeded at the speed of 91.01km/h, depending on three lanes from the surface of the shooting distance of the Incheon High School, which is located in 781-1, to the Gyeongnam-gu Incheon High School, at the speed of 91.01km/h.

At the time, the above road was night, and the above road was 60 km/h of the speed limit, and the road was installed at the front of the defendant's moving direction, and in such a case, the driver had a duty of care to reduce the speed to the person engaged in driving duty, to properly operate the front 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

Nevertheless, the Defendant neglected this and got the victim D (50) who was crossinging the crosswalk to the right side from the left side of the running direction of the Defendant, due to the negligence of the Defendant’s failure to drive it, and went beyond the floor of the Defendant, and caused the said victim D to death of the said victim D on December 16, 2017, in the south-dong-gu Incheon Metropolitan City, Incheon, 774-ro 21, as it was around 774, and suffered approximately two weeks from the victim E (the age of 25) (the age of 25) who was aboard the Defendant’s vehicle to undergo approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A corpse death certificate and a autopsy report;

1. Other co data analysis table and traffic accident analysis statement;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and an occupational occupation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor for the option of punishment;

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