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(영문) 인천지방법원 2014.10.30 2014고단5001
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a F K5 car free of duty.

On May 2, 2014, the Defendant driven the above vehicle around 19:47, and turned the front of the dry-gu 663-4, Nam-gu, Incheon, Nam-gu into approximately 91km in Si speed, depending on three-lanes from the long-distance shooting distance to the front of the dry-gu, Incheon.

Since there is a limited speed of 60km per hour, a person engaged in driving service has a duty of care to prevent accidents by complying with the speed and speed of the vehicle and by accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected to stop driving at a speed exceeding approximately 31 km per hour, and found that the victim G (V, 26 years old) was late to cross the roadway without permission depending on the bicycle-only lane, and received the above bicycle in front of the right side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die on the spot due to the above occupational negligence by causing the victim to suffer from the injury of external cerebral brain injury (presumed) and the injury of external sacratic sacratic sacratic sacratic sacratic sacr

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A traffic accident inspection report, black stay images and photographs, etc. of the scene of the accident, investigation report (the details of the 119 first-time measures), copy of 119 first-time site, investigation report (as to a request for communications fact), traffic accident analysis report, notification of the results of the traffic accident analysis, investigation report by the Road Traffic Authority, and investigation report by the Road Traffic Authority;

1. Application of Acts and subordinate statutes to death certificates and photographs of corpses;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 25 (3) 2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (agreement with the accused);

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. The sentencing criteria; and

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