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(영문) 전주지방법원 2018.07.10 2018고단495

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of two years 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.

On January 4, 2018, the Defendant driven the above car at around 20:05, and found the victim E (78 years) late later, and received the victim's right side side part of the above car from the victim's right side as the front part of the above car, when the Defendant was negligent in neglecting the speed of 3.1km at every hour while driving the Han River with approximately 6.1km at a speed of 6.1km at a speed from the sloped middle school in the front city at the right side of the front city.

Ultimately, around January 4, 2018, the Defendant caused the victim’s death by the occupational negligence as a diversative damage (blood, scarf damage/dub damage / dub) during treatment at G hospital located in Y in Y of the Yan-gu Seoul Metropolitan City on January 4, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on internal investigation (video recording devices and video recording materials);

1. A corpse death certificate;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes to a report on investigation;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the recommended punishment] The ground for sentencing under Article 62-2 of the Social Service Order Act [the scope of the recommended punishment] In a case where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage even for the mitigation area (4 to 1 year) [the victim] [the victim]] by neglecting the defendant's overspeed and the duty of care in the front and the front direction, resulting in the result that the victim's death cannot be observed

However, the fact that the defendant is covered by a comprehensive insurance, there is no criminal history exceeding fines, the victim who has dried a pedestrian crossing in red fluoring is also responsible for the occurrence of an accident, and the defendant total 2.0 for the victim's bereaved family.