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(영문) 의정부지방법원 2015.05.13 2014고단4888

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 06:00 on September 19, 2014, the Defendant driven the said car and continued the intersection from the 6th parallel to the 103.9km from the 6th parallel to the 103rd parallel.9km from the 6th parallel.

Since there is a limited speed of 80km at a speed, there was a duty of care to prevent accidents in advance by safely driving the vehicle by complying with the restricted speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded with the restriction speed exceeding 23.9 km speed as above, and the part of the car driving seat of G bargaining car driven by the injured party F (F, 54 years old) who was left left in violation of the right-hand signal from the right-hand side of the Defendant’s course to the left-hand side was brought to the front part of the Defendant’s car.

After all, the Defendant caused the death of the victim by the aforesaid occupational negligence at around 06:33 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Photographs of CCTV image data;

1. A report on internal investigation (in cases of telephone conversations with a witness who has tested an accident);

1. Sending a comprehensive traffic accident analysis;

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

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

1. Selection of alternative imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the event that the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) of the type of general traffic accidents (the area of special mitigation) (the area of special mitigation) (the special mitigation) the victim is not subject to punishment [the decision of sentence]. The victim of the instant accident is reasonable, and the defendant has agreed with the bereaved family of the victim, and the defendant has no special criminal power.