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(영문) 대전지방법원 논산지원 2017.06.09 2017고단189
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On January 8, 2017, the Defendant proceeded at a speed of about 100 kilometers per hour, depending on two lanes, among the two-lane roads located at the speed of 217.1km in the mountain road in the area of the first village of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

At the time, there are two-lanes in which street lights are installed at night and at that time, so there were duty of care to drive safely, such as: (a) a person engaged in driving service was able to live well on the front and right side; (b) a person engaged in driving service was able to accurately operate steering devices and other devices; and (c) a person engaged in driving service was able to drive safely

Nevertheless, while neglecting this, the Defendant failed to discover the victim's Category 3 Motor Vehicles, which had been stopped between one lane and two lanes due to a single accident, and received the front side of the victim's vehicle from the front side of the victim's vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the victim to die due to brain, damage to water, etc. in the emergency room of the F Hospital E at the time of 05:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of the recommended sentence] is that the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), but the result of the crime, such as the victim's death, is not easy. However, the defendant's mistake is against the defendant.

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