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(영문) 대전지방법원 홍성지원 2019.03.26 2019고단15
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On September 3, 2018, the Defendant driving the above vehicle around 11:00, while driving it, 29 national highways of 1069-2, Hongsung-gun, Hongsung-gun, Hongsung-gun, in the speed of about 134 km from the border of HongIC to the speed of 134 km.

Since the location is a two-lane road with a speed of 80km per hour, there was a duty of care to prevent accidents by complying with the speed limit and thoroughly driving time of the vehicle.

Nevertheless, the Defendant neglected this while driving at a speed exceeding 54 km and caused the victim to go beyond the ground by taking the front side of the Defendant’s vehicle, which the victim C, who changed the lane from the two lanes to the one lane in front of the direction of the Defendant’s proceeding, as the latter part of the victim’s vehicle.

Ultimately, at around 11:34 of the same day, the Defendant died of the victim due to damage to the double evidence in the Fmedical Center located in Hongsung-gun E, Hongsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a actual survey report, and a traffic accident analysis report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type 2 (Life Accidents Death, etc.) (Special Mitigation) (Special Mitigation) [Pronouncement Decision] below the scope of mitigation (Article 4-1 of the Depository), and other circumstances on the records, such as the defendant's age, character and conduct, environment, circumstances before and after the instant crime, circumstances before and after the instant crime, and circumstances on the crime, etc., shall be determined as per the order.

Unreparable damages caused by traffic accidents are the irrecoverable damages.

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