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(영문) 전주지방법원 2016.12.13 2016고단1430
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 who is engaged in driving of CPoter II cargo vehicles.

On June 24, 2016, the Defendant driven the above cargo vehicle at around 09:10, and driven the two-lane road in front of the Dr. D. building in the front city of the front city in the front city of the city, using one lane from the distance of the hospital to the distance of the Er.e., the speed of 61.9km from the distance of the hospital.

At the time, the lower level of the road was milched, and its location is 50km, so the person engaged in the driving of motor vehicles had a duty of care to safely drive the road at a speed of at least 20/100 of the limited speed and prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and caused the death of the victim F(n, 80 years old) at the right-hand side of the Defendant’s running direction, which was the right-hand side of the cargo vehicle, where the victim F(n, 80 years old) was dried by negligence in violation of about 21.9 km of speed, resulting in the death of the victim due to the multiple trauma damage, etc. at the former North Korean University Hospital located in 20, Seo-gu Seoul Special Metropolitan City on the same day at around 11:16.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Investigation report (the results of the on-site investigation by the North Korean branch of the Road Traffic Authority and the speed of the suspected vehicle);

1. Investigation report (related to the speed limit by the letter of the full-time area in the front week), restricted speed signs and photographs;

1. Responses to a request for weather data;

1. Notification of results of the comprehensive traffic accident analysis and the comprehensive traffic accident analysis;

1. A death certificate;

1. A CD in the report of internal investigation (to be accompanied by a black stuffed vehicle image and G gas station image) and a black stuff image, etc.;

1. Application of Acts and subordinate statutes to traffic accident scenes, vehicle photographs, and accident site photographs;

1. The relevant legal provisions of facts constituting an offense, 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, the grounds for sentencing of imprisonment without prison labor or a heavier punishment (the scope of recommending punishment) shall be the grounds therefor (the death of traffic accidents),

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