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(영문) 전주지방법원 2017.06.13 2017고단510

교통사고처리특례법위반(치사)

Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of CMW car.

On February 25, 2017, the Defendant driven the above car at around 18:48, and driven the E-mail in front of the E-mail store in Yansan-gu, Jeonju-si, Jeonju-si, along the two-lanes from the museum to Kim Jong-do.

At the time, the road was 70 km at a speed limit, and there was an intersection at the front side, so in such a case, there was a duty of care to prevent accidents by maintaining the speed limit to those engaged in driving business and accurately manipulating the direction and the right and the right and the right of the vehicle, and by accurately manipulating the steering and steering devices.

Nevertheless, the Defendant was negligent in driving the said car at approximately 114.8 km on a speed of 114.8 km, and found it late after the victim F ( South, 61 years old) crossing the road from the right side of the front side of the said car to the left side, and caused the victim to go beyond the road, and caused the victim to die due to cerebrovassis around 21:55 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Accident scene and vehicle photographs;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. In light of the relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and conditions favorable to the reasons for sentencing of imprisonment without prison labor: A comprehensive insurance contract is concluded between the injured party and the injured party; there is no criminal record against the injured party; and the accused reflects on the injured party: The place where the instant accident occurred is at a speed of 70 km long, the Defendant runs at a speed of about 114 km high speed above that far, while the present accident is at a speed of 70 km high speed, and there is a commercial building and village in the vicinity, even though the injured party is at a crossing.