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(영문) 청주지방법원 제천지원 2017.02.07 2016고단490

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On October 2, 2016, the Defendant driven the above vehicle at around 22:20 on October 2, 2016, and led the two-lanes of the two-lanes of the car in Black-si, Black-si.

At the time, it is night, and there is a road that restricts the speed of 80km per hour, so there was a duty of care to protect the person engaged in driving a motor vehicle well and safely drive the motor vehicle with the duty of care to prevent the accident in advance by maintaining the speed limit and driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and driven a speed exceeding 118 km and without due diligence, caused the death of the victim D (e.g., the age of 77) who unclaimed the road to the port from the right side of the Defendant’s vehicle to the left side of the road, due to the Defendant’s negligence, caused the death of the victim due to severe damage caused by the flick, flick, and flick flicks of the external trauma in his/her workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Sending a traffic accident analysis report;

1. A corpse death certificate;

1. Blue boxes and video CDs;

1. Explanation of photographs, application of Acts and subordinate statutes on victim photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.

The occurrence of a traffic accident while driving at a restricted speed beyond the restricted speed, the occurrence of the serious result of the death of the accident in this case, and the victim's bereaved family shall receive a letter from the victim.