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(영문) 전주지방법원 2018.02.13 2017고단2269
교통사고처리특례법위반(치사)
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

On September 24, 2017, the Defendant is a person who is engaged in driving of Lone Star Vehicles. On September 17:10, 2017, the Defendant driven the above vehicle and proceeded at a speed of about 83 km in speed from the west-gun to the west-do side of each mountain road located in the three-lane of the Sejong-gun, Samnam-gun, Samnam-do.

At the time, a bicycle is being driven by the victim D(81)(S). In such a case, there was a duty of care to see a person engaged in driving a motor vehicle as a driver and drive a motor vehicle safely by making the victim's well-being.

Nevertheless, the Defendant neglected to proceed as it is and was negligent in operating the brake system at the latest, and received the victim's bicycle back part as front part of the Defendant's vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the North Korean University prior to around 17:10 on the same day due to the multiple trauma damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of investigation results;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1)2 of the Act on the Suspension of Execution under Article 62(1) of the Social Service Order and Order to attend a lecture is agreed with the victim on the grounds of sentencing under Article 62-2 of the Criminal Act, and the vehicles are also covered by a comprehensive insurance, and there is considerable fault for the victim in that the victim was involved in the accident where the victim entered one lane on the road at a speed of 80km per hour when the victim is restricted, and the victim was involved in the accident where the victim died. On the other hand, there was a criminal record of the traffic accident that the victim died in the past, and other various circumstances, such as

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