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(영문) 인천지방법원 2013.11.14 2013고단3900
교통사고처리특례법위반
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 NAS car in the E NAS.

On June 8, 2013, at around 00:40, the Defendant proceeded at a speed of about 79-84 km from the south East-dong, Incheon Metropolitan City, to the south East-dong, the area of the road located in 647-6 from the south-dong, Chungcheongnam-do to the south-dong, the area of the road at a speed of about 79-84 km each other, depending on one lane.

Since the place was set up around the road by electric rail, there was a duty of care to prevent accidents in advance by driving safely, such as driving by the Defendant who is engaged in the driving business, operating the front, rear and left well, operating the steering gear and the brake system accurately.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty on the front side of the road, and neglected to pass without permission from the left side of the road, and received the victim FF (32 years old) as the front left side of the vehicle of the Defendant.

Ultimately, at around 01:20 on June 8, 2013, the Defendant caused the victim’s death by occupational negligence, such as trauma ties and beer fever in the ambulances, which was escorted to a H hospital emergency medical center located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement 1, N, andO written by each police officer's statement against I, J, K, L, and M;

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

1. A written result of autopsy and postmortem examination;

1. Application of Acts and subordinate statutes to notify the results of accident analysis by Road Traffic Authority;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

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