beta
(영문) 대전지방법원 천안지원 2018.09.07 2018고단1128

교통사고처리특례법위반(치사)등

Text

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

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 Switzerland car.

On March 11, 2018, the Defendant driven the above vehicle at around 19:40, and driven the two-lane road in the south-gu, Southern-gu, Seoul at the time of Yanananan-si along the one-lane 108km each hour from the surface of the bank in the city of the Yanan-gu to the wind control.

There is a duty of care to prevent accidents in advance due to the safe operation of the vehicle, such as observing the speed limit to those engaged in driving of the vehicle as it is difficult to secure the view due to the nearby lighting, it is difficult to ensure the passage of the village residents due to the adjacent village, etc., and the speed of restriction is 70 km per hour.

Nevertheless, the Defendant neglected this and neglected to proceed with a speed exceeding 38 km, and thereby, got the victim D(72 years of age) and victim E(73 years of age) who dried a road on the right side from the left side of the direction of the proceeding, and received the victim E(73 years of age) in front of the Defendant vehicle.

Ultimately, the Defendant caused the victim E by such occupational negligence to suffer injury of brain-dead, etc. without any wound in the two open medical treatment for about three weeks, and at the same time, the victim D caused the victim D to die with the ethic shocks caused by the ethic shocks, the ethic shocks, and the ethic shocks caused by the ethic shocks at a university of at least one country and at an affiliated hospital of a university, the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic e

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions and replys on the results of speed appraisal;

1. A death certificate;

1. Application of the Acts and subordinate statutes on accident scene photographs and black stuffs video CDs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;