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(영문) 인천지방법원 2017.09.20 2016고단8954 (1)
교통사고처리특례법위반(치사)등
Text

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

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 who is engaged in driving a C-A-hurd motor vehicle.

On October 2, 2016, the Defendant driven the above car on around 03:48, 2016, and proceeded at a speed of about 100 km to 100 km to 105 km in the direction of Gyeyang-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, at a speed of about 8-2 km in the direction of Pungdong Hyundai Asia.

The Defendant was negligent in driving the maximum speed exceeding 40 km to 60 km a speed of 40 km and 45 km a speed of the restriction, and the Defendant was driving the victim D(36 tax) who entered the said intersection in the direction of the Madung-dong Fung-dong Fung-dong Fung, or in the direction of the red signal in the direction of the Madung-dong fung-dong fung-dong fung-dong fung-dong fung (Otobab) with the front part of the Defendant’s driver’s vehicle operation.

As a result, the Defendant caused the death of the victim D in the workplace due to the diversified trauma and low-blood shock, etc. due to the above occupational negligence, and caused the Defendant’s injury to the victim F (the age of 19) who was accompanied by the Defendant’s car to approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, autopsy certificates, diagnostic certificates (Evidence List 16), and comprehensive traffic accident analysis reports;

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

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

1. Selection of a credit cooperative without prison labor for punishment;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence has caused a serious result from the excessive driving to the death of the victim D, the defendant's responsibility shall not be mitigated.

However, the fault of the victim D is also involved in the accident process in violation of the signal of this case.

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