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(영문) 전주지방법원 군산지원 2020.01.08 2019고단1274
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2019, the Defendant is engaged in driving vehicle B. On August 16, 2019, around 7:22, the Defendant proceeded in two lanes of the three-lane distance from the military fire fighting area to the high-speed distance.

In this case, a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to do so, and neglected to do so, and neglected the speed limit to 38.9 km above that of the victim E(78 years old) driving on the same side as that of the Defendant, due to the negligence of proceeding the speed limit to 98.9 km above that of the Defendant, the latter part of the victim E(78 years old) driving on the same side was shocked by the front part of the Defendant driving vehicle.

Ultimately, the Defendant caused the death of the victim from the external shock at G Hospital, which was under the after-the-job treatment on the same day at around 8:35 days, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes responding to requests for the analysis of traffic accidents, such as reports on the occurrence of traffic accidents, actual survey reports, site photographs of accidents, death certificate, and results;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In the case of driving service involving the risk of potential loss of human life due to traffic accidents due to the sentencing reasons under Article 62-2 of the Criminal Act, the duty of care to observe the Road Traffic Act and to prevent accidents from occurring is not even more emphasized.

The defendant shall be punished by imprisonment without prison labor in that the occurrence of the instant traffic accident caused by the defendant's negligence has resulted in the death of the victim, and the defendant shall be punished.

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