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(영문) 대전지방법원 2016.07.15 2016고단1489
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On March 27, 2016, the Defendant driven the above car on March 27, 2016, and driven the front road of the F station in Daejeon U.S. E, along the five-lane distance from the 5rd parallel between the west-gu and the 0th parallel between the two-lanes.

At the time, it is night and its limit is 60 km every hour, so a person engaged in driving a motor vehicle has a duty of care to operate the motor vehicle safely by thoroughly putting the front-way vision and observing the speed and speed limit.

Nevertheless, the Defendant neglected this and took part in the front part of the said car as the victim G(19 tax) and H(21 tax) crossing the road from the right side of the proceeding direction to the left side, due to the negligence of driving a speed exceeding 58 km per hour of 118 km per hour.

The Defendant caused the death of the victim G by the above occupational negligence due to brain pressure, etc. around that time, and caused the victim H to suffer injury to the victim of the following bridge, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of the diagnosis certificate for H;

1. Application of the Acts and subordinate statutes written diagnosis of death to G;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on any person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against G with heavier Crimes)

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) comprehensive insurance for the reason of sentencing; (b) agreement with the bereaved family members; (c) reflectivity; (d) initial crime; and (e) the degree of negligence of the accused and

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