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(영문) 인천지방법원 2018.10.17 2018고단4960
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 engaged in driving C-Scar cars.

On March 18, 2018, the Defendant driven the above car on March 21, 2018, while driving it on the 20th 21:20, the 425-gu Cheong-gu, Nam-gu, Incheon, Nam-gu, would proceed from the active duty line to the private distance from the grathal.

The speed of restriction on the road at that place was 60 km/h in speed, and at that time, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by operating the motor vehicle at a speed not exceeding 48 km/h per hour, which reduces 20/100 of the maximum speed, as prescribed by the relevant laws and regulations.

Nevertheless, the Defendant neglected this, while driving the said vehicle at a speed of 78.9 to 80.6km/h at the time, did not discover a bicycle driven by the victim D(48 tax) who driven from the border to the coast from the border of the port of the Ho-gu, and used the bicycle for the front part of the said car and used the victim on the floor.

Ultimately, the Defendant caused the victim to die due to the foregoing occupational negligence on March 19, 2018 at the Acheon-ro Hospital located in 774, Namdong-gu, Incheon, Namdong-gu, Incheon, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A report on the occurrence of a traffic accident, a fact-finding survey report, a summary map and photograph, and CD at the time of the accident;

1. Delivery, etc. of traffic accident analysis reports and traffic accident analysis reports;

1. Investigation report (report on the confirmation of the road at a speed of 60 km from the scene of an accident);

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

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 the selection of imprisonment without prison labor;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The alleged defendant and the defense counsel shall give the vehicle signal at the time of the accident.

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