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(영문) 전주지방법원 2018.12.11 2018고단1717

교통사고처리특례법위반(치사)

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 of a passenger car in the U. S.B.

On July 12, 2018, the Defendant driven the above vehicle around 06:30 on July 12, 2018, and led to the speed of approximately KRW 77.2 km from the wing-dong to the front line, along the two lanes from the wing-dong to the front line.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and went away from the lane due to the negligence while driving on the roadside, and received the victim C (the 76 years of age) who walked at the right side of the road as the front right side of the vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to multiple trauma damage in the course of transmitting the victim to the emergency room of the previous University Hospital at around 07:01 on the same day by occupational negligence, and around 20, the previous University Hospital at around 07:01.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs;

1. Report on the occurrence of a traffic accident;

1. A corpse death certificate;

1. Investigation report (investigations around the accident scene and analysis of black stuffs);

1. Investigation reports (related to Ma1 Vehicle Speed analysis) and the application of statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the traffic accident occurred due to the driving of the defendant's stroke, which led to the harsh result of the victim's death.

However, the fact that the bereaved family members agreed smoothly with the victim's bereaved family members, the point of accident was the edge of the road which is not delivery, the fact that there is no record of the same crime, etc. shall be considered as favorable circumstances to the defendant, and the order is issued in consideration of the age, situation before and after the crime.