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(영문) 의정부지방법원 고양지원 2017.09.22 2017고단1123

교통사고처리특례법위반(치사)등

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

Reasons

Punishment of the crime

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

Around 01:50 on February 3, 2017, the Defendant: (a) driven the said car and driven the said car along the same lane in front of the E restaurant located in Seoyang-gu, Seoyang-gu; (b) was negligent in performing the duty of care at front and right right and right and right and right and right and right and the right and right and right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are exercised.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. A medical certificate (F) and a corpse death certificate;

1. Application of statutes on site photographs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and an occupational physician), Article 3(1) and the proviso to Article 3(2)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. The reason for sentencing of the alternative imprisonment without prison labor is that the Defendant recognized the instant crime and against his mistake, the primary offender who has no particular criminal record up to now is considered to be compensated for damage through a comprehensive insurance, and the fact that a certain amount of money has been deposited for the bereaved family members of the deceased is favorable to the Defendant.

On the other hand, the degree of negligence of this case is very heavy, and the death of the victim caused the serious result, and even though it did not reach the state of being under the influence of criminal punishment.