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(영문) 전주지방법원 2014.10.08 2014고단1218

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On June 4, 2014, the Defendant driven the above vehicle at around 04:10, and driven the two-lane road in front of the E in front of the front city, Jeonju-si D along one-lane from the former post office to the former university.

The above road is a road with a restricted speed of 50 Km per hour, and at night and at night, the rain and the surface were milched. In such a case, there was a duty of care to ensure that a person engaged in driving business should observe the restricted speed and safely manipulate the steering direction and brakes to prevent accidents.

Nevertheless, the Defendant neglected this and took part in the victim F(24 years old) and the victim G(23 years old) who crosses the crosswalk to the right side from the left side of the running direction of the Madle accused to the right side of the crosswalk, due to the negligence of driving the speed of 71.4 Km per hour exceeding 31.4 Km.

around 05:09 on June 9, 2014, the Defendant: (a) caused the death of the victim FF due to diversified organ damage, etc. at the Jeonbuk University Hospital; and (b) caused the victim G to suffer injury, such as brain, requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. The actual condition survey report;

1. Vehicles and accident site photographs;

1. A photograph of a deceased person or a written examination of his/her body;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (related to speed analysis before the collision of a victim of a vehicle under investigation);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. To provide community service or attend lectures under Article 62-2 of the Criminal Act;