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(영문) 의정부지방법원 2018.05.30 2018고단909

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for three years.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a three-dimensional motor vehicle.

On October 21, 2017, the Defendant driven the above car at around 16:00, and proceeded ahead of the shooting distance of the old-si cemetery 357 Sin-ri, Dong-si, Dong-si, Dong-ri, 357, from the right point of departure, at the speed of 105 to 135 km each hour from the right point of departure.

Since there was a general national highway with a speed of 60 km per hour, a person engaged in driving duties of motor vehicles had a duty of care to operate the steering gear and brakes accurately by complying with the speed limit.

Nevertheless, the driver neglected to proceed to a speed beyond the limited speed, and passed through the traffic island as it is, the center line located on the front side of the traffic island, and the victim D(W, 39 years old) E-on the front part of the driver's vehicle, which was in front of the traffic island, was placed in front of the driver's vehicle.

Ultimately, the Defendant caused the death of the above victim from the occupational negligence as a result, in the same manner, due to the dives of the dives of the dives of the dives of the dives of the dives of the dives, and the dives of the dives of the dives of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident inspection report, the scene of the accident, and photographs of the accident vehicle;

1. A death certificate, death certificate, death certificate, and each body photograph;

1. Application of the Acts and subordinate statutes on CCTVs and video records of video records of video records in an accident site;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Since each crime is in a mutually competitive relationship with the reasons for sentencing of selective imprisonment without prison labor, in principle, it is excluded from the scope of the sentencing guidelines, but the scope of the recommended punishment corresponding to a single crime is as follows: