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(영문) 전주지방법원 남원지원 2017.02.07 2016고단249

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 2, 2016, the Defendant driven the above car at around 20:10, and proceeded two lanes at a speed of about 117 km from the east side of the E-si, South Won-si, along the road of three lanes in front of the E-si, South Won-si.

At the time, it is night, and there is a speed of 50 km speed at that time, so the driver of the vehicle has a duty of care to thoroughly perform the duty of opportune and prevent the accident by maintaining the speed limit and driving safely.

Nevertheless, the Defendant neglected to do so and neglected his duty of speed exceeding 67 km per hour, and neglected his duty of the front on the front side of the road, thereby causing the Victim F (53) who dried up the crosswalk in contravention of the pedestrian signal to the right side of the direction of the Defendant’s running, thereby obtaining the victim F (53) who dried up the crosswalk in contravention of the pedestrian signal from the left side of the road.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., low blood transfusion shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H and I;

1. Notification of the results of the actual survey report, on-site photographs of accidents, and traffic accident analysis report;

1. Photographs of dead or dead persons and death certificates of body;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 20 to 24 of the evidence list);

1. The reason for sentencing of Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act [the scope of the recommended punishment] The basic area (8 months to 2 years) (special mitigation) (the victim is also negligent in causing traffic accidents or expanding damage). The illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the scope of the recommended punishment] was committed when the victim was negligent in causing traffic accidents or expanding damage, or when the victim was found guilty in the case of an infertility (excluding subparagraph 8).

Defendant.