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(영문) 전주지방법원 정읍지원 2015.02.10 2014고단616

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car owned by the Krenrens Co., Ltd.

On October 26, 2014, at around 22:30, the Defendant turned two lanes from the two-lanes near the Doldong Doldong-gun, Doldong-gun, Doldong-do, to the nautical miles from the breadth of the armed zone.

At the same time, it was night, where the street was not installed, and the surface was milched due to the rain, so in this case, the person engaged in the driving of the motor vehicle had a duty of care to thoroughly perform the duty of ex officio and to prevent the accident by observing the speed limit.

Nevertheless, the Defendant, while driving 70K/h above approximately 23.4 Km/h, was over 93.4 K/h, while neglecting the above duty of care, caused the victim D (the aged 61) who was driving prior to the Defendant’s direction due to negligence in the course of duty, to find out the chill engine which was driven by the victim D(the aged 61) and did not operate the chill, and caused the chill part of the chill with the front part of the said car.

Ultimately, due to the above occupational negligence, the Defendant had the victim receive treatment at the emergency room of the Joseon University Hospital located in the Seodong-dong-gu in Gwangju-gu, Gwangju, and caused the victim's death at around 01:15 on the following day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A death certificate;

1. Application of the Acts and subordinate statutes notifying results of comprehensive traffic accident analysis;

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

1. Article 62 (1) of the Criminal Act (i.e., the first crime and the agreement with the victim's bereaved family members);