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(영문) 대전지방법원 서산지원 2016.05.27 2016고단253

교통사고처리특례법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle of QM3.

On February 3, 2016, the Defendant driven the said car at around 21:15, and proceeded along the two-lanes in front of the “E station” located in Seosan City, Seosan City, along the two-lanes in front of the “E station”.

At night, there was a situation where the view was restricted due to the night, and there was a limited speed of 80km per hour, so in such a case, the driver of the motor vehicle had a duty of care to drive the motor vehicle by complying with the restricted speed while accurately manipulating the front 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

Nevertheless, the Defendant neglected this and caused the death of the victim F (51 years old) who was moving on the left side from the right side of the defendant's running direction to the left side by neglecting the speed of 114 to 115 km per hour due to the violation of the speed limit, and caused the victim's death due to a traffic accident at the same place on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes, such as a death examination report, a boom fluor photo and a comprehensive traffic accident analysis report;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The circumstances in which the victim died are expected to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that the victim's failure to cross without permission appears to have contributed to the occurrence of traffic accidents or the expansion of damage, the fact that the victim has agreed with his/her bereaved family, the fact that the victim was covered by a comprehensive insurance, the fact that there is only the history of being sentenced to a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 194, and all the kinds of sentencing conditions, including