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(영문) 의정부지방법원 2018.07.13 2018고단1395

교통사고처리특례법위반(치사)

Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Dunsta vehicle.

The Defendant, around 07:00 on January 16, 2018, driven the said rocketing car on the 46-laned road located in 57-6, Yariri, Yari-si, Namyang-si, Namyang-si, Seoul, along the two-lanes between the two-lanes in the direction of shooting and the two-lanes in the direction of navigation.

In this case, a driver of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right of the motor vehicle and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the defendant neglected this and did not secure a safe distance and did so by negligence while proceeding as is.

E Driving’s F K5 vehicle is found to be late to avoid it, and the back part of the said K5 vehicle is added to the front part of the said K5 vehicle as the front part of the said K5 vehicle. The said K5 passenger vehicle was pushed ahead of it in the future while carrying on the front part of the said K5 passenger vehicle.

G Driving received the rear part of H Kac Truck truck.

Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered from severe cerebral injury to the victim I who was on the top of the k5 line, and on the same day, was at the Hanyang University Hospital located in 153, Gyeong-si, Gyeongyang-si, Gyeong-si, around 07:56, resulting in death while serving in treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and G;

1. A survey report on actual conditions;

1. Each report on investigation;

1. A digital analysis appraisal report;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., of Social Service and Order to Attend the lecture, without sufficiently securing the safety distance at the time of the instant crime, proceeds in excess of 80km speed per hour.