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(영문) 광주지방법원 2015.04.09 2014고단5096

교통사고처리특례법위반

Text

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

Reasons

Punishment of the crime

At around 18:20 on August 16, 2014, the Defendant was a person who is engaged in driving Cworka car, and was engaged in driving the said vehicle from the intersection of the erogic local highway No. 60 located in the ero-Saero, Masung-gun, Masung-dong, to the erogic Eup.

At this point, the center line of yellow-ray is installed, and the speed limit was 80 km a speed of speed, as well as at that time, and thus, in such a case, there was a duty of care to safely operate the motor vehicle by complying with the speed and speed limit and operating the brake and steering gear accurately.

Nevertheless, the Defendant neglected this and got off the speed exceeding 23 km per hour while brooming the central line due to the negligence of broomping, and was driven by the victim D (Nam, 69 years old) driving in the opposite to the brooming, as it was front of the right side of the rocketing car.

As a result, the Defendant caused the death of the said D at the same time due to the above occupational negligence, and at the same time, suffered injury, such as “stokes on the left side,” which requires approximately 8 weeks of medical treatment, to the victim F (Nam, 15 years of age), who is a passenger of the said rocketing car, and suffered injury to the said victim G (Nam, 17 years of age) for approximately 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer in relation to H;

1. A written statement of the occurrence of each traffic accident in G and F;

1. A traffic accident report, investigation report (field situation, witness, etc.), traffic accident report, investigation report (field situation), investigation report, investigation report, investigation report, investigation report, investigation report, investigation report, investigation report, report on speed assessment, and investigation report (vehicle of parties concerned);

1. The comprehensive analysis of traffic accidents;