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(영문) 전주지방법원 2018.05.01 2018고단77
교통사고처리특례법위반(치사)등
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 of a three-wheeled vehicle.

On September 22, 2017, the Defendant driven a two-wheeled vehicle around 23:45 on September 22, 2017, and continued to drive the two-wheeled vehicle in front of the filial children’s school, which was in force automatic in Yansan-gu, Jeonju-si, with the direct escape from the area of the scarbon.

Since nights at the time and its limit is 50 km/h, a person engaged in driving of a motor vehicle has a duty of care to observe the restricted speed and accurately operate the steering system, brakes and other devices of the motor vehicle, to report the front left right right right right right right right and the road traffic situation well and to prevent the accident from spreading.

Nevertheless, the suspect neglected to do so at a limited speed exceeding 72.6km/h above 122.6km/h, and the victim D (31 tax) who violated the signal signal in the direction of Jeonju University, and is under direct progress in the direction of Jeonju University, the E-wheeled Vehicle part of the right side of the E-wheeled Vehicle, which was driven by the Defendant, was the front part of the E-wheeled Vehicle.

As a result, the suspect suffered from an injury to a victim F (F) who was accompanied by the Defendant’s negligence on the part of the above occupational negligence for about eight weeks in order to provide approximately eight weeks of medical treatment (one head) to the victim F (F) who was driven by the Defendant, and at the same time, at G Hospital around September 23, 2017, the victim D died from a cerebrovassis.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. Image photographs;

1. A death certificate;

1. Answer of the results of request for traffic accident analysis;

1. Medical certificate (F);

1. Application of Acts and subordinate statutes to investigation reports (to prepare a traffic accident analysis report on telephone communications);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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