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(영문) 인천지방법원 2018.07.25 2017고단9019
교통사고처리특례법위반(치사)등
Text

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

However, the execution of the above punishment 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 motor vehicle in D.

On August 14, 2017, the Defendant driven the above car at around 21:35, and proceeded at a speed of about 130 km in speed, depending on three-lanes in the city of the extension of the road in front of the F cafeteria E, Jung-gu, Incheon.

At all times, the signal, etc. is a private-distance intersection where it is installed, and since the road is a 60km section at a speed limit, a person engaged in driving a motor vehicle has a duty of care to prevent the accident in advance by complying with the speed limit.

Nevertheless, the Defendant neglected this, while driving at a speed of about 70 km per hour more than a speed of about 130 km per hour by negligence in the course of duty and by negligence of driving the speed in excess of a speed of about 130 km, received the first part of the victim G (W, 57 years old) driving in violation of the signal from the left side of the course of the traffic.

Ultimately, the Defendant caused the death of the victim G due to an acute trauma injury and a scarcity damage at the scene of the above occupational negligence, and suffered injury to the victim I (the 24 years old), who was a passenger of the said passenger car, for approximately 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the first trial record;

1. Legal statement by the witness J;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to K and I;

1. A traffic accident report;

1. Each photograph;

1. Images of accident CDs and CCTVs for crime prevention;

1. Application of Acts and subordinate statutes of each traffic accident analysis report;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors), Article 3(1) and proviso to Article 3(2)3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental doctors).

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