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(영문) 인천지방법원 부천지원 2014.04.29 2014고단114
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a marina truck with B3.5 tons or more.

On August 26, 2013, the Defendant driving the above cargo vehicle around 21:40 on the 26th of August 2013, and driving the lane No. 76.18km in the direction of the direction of the transmission of the outer cycle highway located in the New Metropolitan City, the Defendant was obliged to pay a duty of care to prevent accidents in advance by complying with the restricted speed, driving the vehicle on the front side, and driving the vehicle safely.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 51 km per hour without reducing the speed of entering the lane of the fare, and did not discover the victim C (39 years of age) who was going beyond the pents in order to cross the lane No. 9 from the right side of the Defendant’s proceeding to the left side, and received the victim’s head side in front of the right side of the Defendant’s vehicle.

Ultimately, the Defendant caused the above victim’s occupational negligence to suffer a serious injury, such as blood transfusions in the two parts of external wounds, thereby causing an unidentified state. On January 24, 2014, around 08:46, the Defendant caused the death of the victim from the E-Medical Center located in the Hasan-si D to the internal death.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Accident site and vehicle photograph;

1. Each general medical certificate;

1. Investigation report (investigation related to speed analysis of suspect driving vehicles);

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the bereaved family members of the victim do not want the punishment of the defendant);

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