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(영문) 전주지방법원 2018.01.23 2017고단1218

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

On May 28, 2017, the Defendant is a person who is engaged in driving of a liquid cargo vehicle E, and was driving the said cargo vehicle with a private distance of 99 U.S. post offices in the Yancheon-gu, Seoul Special Metropolitan City on May 28, 2017.

At the same time, signal lights were installed, and the speed of restriction was 50 km per hour. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the signal and the speed of restriction, and by accurately manipulating the direction and the right and the right and the right of the motor vehicle.

Nevertheless, without properly examining the front side, the Defendant was negligent by entering the said intersection at a speed of about 75.4 km per hour, even though the front side signal was a yellow signal, and due to the Defendant’s fault on the part of the victim F ( South, 51 years old) who was left to the left at the front of the road, and accordingly, the victim died due to the shock of the front side of the vehicle stopped on the road.

Accordingly, the defendant caused the death of the victim of a traffic accident while driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A internal investigation report (affixing a record of the production of CD-making for personal taxi stuffs;

1. Accident scene and vehicle photograph;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to dead bodies;

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. The observation of the protection of Article 62(1) of the Act on the Suspension of Execution, and Article 62(2) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Social Service Order and Order to Attend the lecture is agreed with the injured party on the grounds of sentencing under Article 62(2) of the Criminal Act, and the victim was involved in a comprehensive insurance policy, and the victim was involved in an accident while making a left-hand turn without permission, in violation