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(영문) 인천지방법원 2018.09.05 2018고단3406
교통사고처리특례법위반(치사)
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 a person who is engaged in driving a K5-car.

On January 24, 2018, the Defendant driven the above car at around 00:15, and led the four-lanes in front of Incheon Bupyeong-gu, Incheon to drive the vehicle at the speed of 89.19km per hour in the direction of the shooting distance from the parallel south of the parallel.

Since the restriction speed is 60 km per hour, there was a duty of care to prevent accidents by checking whether a person engaged in driving service complies with the vehicle line and the restricted speed and is likely to be able to check the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim D(36) who was in the front direction while putting the restricted speed more than 29.19 km per hour, and was negligent in finding the victim D(36) who was in the front direction, and received the victim as the front direction part of the said car.

As a result, the Defendant caused the victim to die by blood transfusion at the above place around 00:33 on the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Each photograph;

1. A death certificate;

1. Application of the statutes on traffic accident analysis;

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. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the reflection of the fact, absence of a criminal record of imprisonment without prison labor or heavier punishment, and the fact that the victim has agreed with the bereaved family members);

1. The community service order under Article 62-2 of the Criminal Act;

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