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(영문) 인천지방법원 부천지원 2016.11.03 2016고단2448
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 24, 2016, the Defendant: (a) stated that a corporate bank located in Seocheon-si, Seocheon-si, Seocheon-si, 516 km road (60 km in speed limit) in front of the corporate bank (60 km in speed limit) is about 74 km a speed of 516 km in Seoul from the Incheon bank to the Seoul bank; (b) however, the facts charged in the case of about 68 km a speed of 3 km in speed from the Incheon bank are about 74 km in speed. However, it is inevitable to have any error to a certain degree as a presumed value based on the post-vehicle box image; (c) Tacota located in the above taxi is recorded as about 68 km in speed immediately before discovering and rapiding the victims (Evidence 19); (d) the above gPS coordinate at the above point of time coincide with the place and place of the accident in this case (Evidence 20 km in consideration of the evidence list, 28 km).

(In both cases, it constitutes an excessive speed exceeding 20km, and there is no big difference between the two cases. The Defendant made a statement to the effect that the enemy would be judged in this Court). The time was going into operation. At the same time, there was a crosswalk where signal lights are installed at night, and at that time, there was a pedestrian crossing where signal lights are installed. Accordingly, it was confirmed whether a person engaged in driving a motor vehicle was a person engaged in driving a motor vehicle, and there was a duty of care to prevent an accident in advance by accurately manipulating the steering and brake devices.

Nevertheless, the Defendant neglected this and found the victim C (the age of 47) who was crossing the right side of the crosswalk without permission from the left side of the crosswalk, and immediately operated it to avoid this. However, the Defendant did not avoid it and had the victim go beyond the road by taking the right side side of the victim's front-down part of the above taxi.

The Defendant had the victim by occupational negligence as above 02:21 on the same day, and 327, Seocheon-gu, Seocheon-gu, Seoul.

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