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(영문) 인천지방법원 부천지원 2014.09.17 2014고단1607
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Csch Rexton car.

On March 25, 2014, the Defendant driven the said car on March 18:35, 2014, and proceeded at a speed of about 70 km from the direction of Kimpo-si to the direction of the city in the direction of Kimpo-si.

Since the center line of the yellow solid line is located in a bend and bend to the right side, the defendant engaged in driving of the motor vehicle has a duty of care to thoroughly stop the front line and to safely operate the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this while driving at a speed without reducing speed, and the injured party F (the age of 45) who was driving in the opposite direction due to the negligence of breaking the central line, was led to the front part of the car driven by the Defendant.

As a result, the Defendant caused the death of the victim from the knife to damage with a scarcity, and at the same time destroyed the above car owned by the victim H, which is equivalent to the market price of KRW 11,850,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to I, J, and K;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. On-site photographs;

1. A autopsy and appraisal report and a comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes to report internal investigation and telephone communications;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, and selection of imprisonment without prison labor for each type;

1. The crime of this case on the grounds of sentencing under Articles 40 and 50 of the Commercial Concurrent Crimes Act is one of the following: (a) the Defendant committed a death accident by breaking the central line and causing death; (b) the victim’s bereaved family members want to be punished; (c) the victim’s victim’s family members claimed in the investigative agency as if the victim invadedd the central line.

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