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(영문) 대전지방법원 논산지원 2017.11.21 2017고단584
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 KRM vehicle.

On June 29, 2017, the defendant driven the above vehicle at around 13:20 on June 29, 2017, and proceeded with the 23-lane national highways in the mountain mountain, which are located in the mountain mountain, from the sloping to the sloping area, one lane among the two-lanes in the sloping area.

Since there is a road at a speed of 70 km per hour, there was a duty of care to prevent accidents in advance by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and neglected to set the speed to 108.8km a speed exceeding 38.km a speed of 108.8km a hour, and continued two lanes, and received the rear part of the victim C(82 cc) driver’s license in front of the Defendant’s driving.

Ultimately, the Defendant caused the death of the victim C due to the occupational negligence, such as a multi-salutic long-term war during the transfer to the emergency room of the University Hospital of Eul, around 15:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident scene photograph;

1. Investigation report (Attachment of a death certificate);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to traffic accident analysis reports);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning 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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of the recommended punishment] In general traffic accidents, the following results of the Defendant’s negligence and crime, such as the victim’s death, etc.

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