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(영문) 인천지방법원 부천지원 2013.10.31 2013고단734
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 23, 2012, the Defendant driven the above car at around 05:40 on November 23, 2012, and driven the four-lane ahead of the North Korean Peninsula in Kimpo-si, Kimpo-si, along four-lanes.

At the time of night, in such a case, there was a duty of care to prevent accidents by viewing the right and the right and the right of the driver of the motor vehicle and driving the motor vehicle safely.

Nevertheless, the defendant neglected this and did not discover the victim E who was crossing from the left side of the defendant's proceeding direction to the right, and received it in front of the left side of the defendant's vehicle.

Ultimately, at around 13:47 on November 24, 2012, the Defendant caused the death of the victim due to the shock shock caused by the instant traffic accident during treatment at the F Hospital.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each police statement of G and H;

1. A death certificate;

1. Each photograph;

1. Signal frequency table;

1. Application of Acts and subordinate statutes to the actual survey report and the comprehensive traffic accident analysis report;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the defendant repents the errors; Article 62 (1) of the victim's negligence

1. Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and Promotion, etc. of Lawsuits. (Unjustifiablet to issue an order for compensation because the scope of liability for compensation is unclear);

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