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(영문) 광주지방법원 해남지원 2017.03.23 2017고단28
교통사고처리특례법위반(치사)등
Text

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

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 engaging in driving Cunst Motor Vehicle.

On December 21, 2016, the Defendant driven the above car at around 18:00, and proceeded at a speed of about 90km from the north-west to the breadth of the forest 507, located in the south-west of the south-west, at the speed of 50km from the north-west to the breadth of the forest (60km in Si).

At the time, the central line is a road with a central line, and in such a case, there was a duty of care to reduce the speed and safely proceed to the person engaged in driving service.

Nevertheless, the defendant, by negligence of driving by only driving at a speed without reducing speed, brooms and brooms into the right side of the defendant's car, who was the victim D(62 tax) which was frighting in the opposite direction and frighting in the center line, was faced with the front part of the E-A-Wn-Wn-Wn-Wn-Wn-Wn vehicle.

Around 18:56 on the same day, the Defendant suffered from injury to the victim D, such as scarke, which requires approximately four weeks of treatment, due to the above occupational negligence, and the victim F (M, 57 years of age) who was aboard the damaged vehicle, caused the death of the victim F (M, 57 years of age) from the South-do General Hospital at the South-west General Hospital located in the South-west Sea, South-west Sea-west, South-west, South-west, wester 45 days

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of each victim;

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

1. On-site evidence photographs, evidence photographs, Ma1 vehicle box images, video evidence CDs ( Ma1 vehicle booms);

1. Report on internal investigation (to secure an accident-related video management subject to video management, to secure an accident-related video management subject to the Act and subordinate statutes, to analyze the speed of the suspected vehicle);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (2) 2 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and 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, Article 60(3) of the Juvenile Act 1.

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