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(영문) 대전지방법원 천안지원 2017.09.28 2017고단1700
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 26, 2017, around 22:00, the Defendant proceeded at the speed of about 90 km from the right place to the sex exchange of the non-permanent apartment, which is located in 1 road of the Gun of North-gu, west-gu, west-gu, west-gu, west-gu.

It is a road with a speed of 60 km per hour, so in such a case, the driver of the vehicle has a duty of care to observe the speed limit and drive the vehicle safely.

Nevertheless, the Defendant neglected this and found the victim C (59 tax) who illegally crossed the road on the right side from the left side of the running direction of the Defendant at a speed exceeding 30 km per hour, and received the victim's body as the front side of the Defendant's driving vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at a university of the Republic of Korea and at a university affiliated hospital affiliated with the university of the Republic of Korea, which is located in 201, south-gu, South-gu, South-gu, Seoul, on April 5, 2017, due to brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. The network diagnosis report;

1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents Act / [2 months to 1 year] mitigation area (including special mitigated persons] / [including efforts to recover damage] recognition of and reflects the crime, the victim also has gross negligence in the occurrence of the instant accident, the agreement with the victim's bereaved family members, and other various sentencing conditions such as the defendant's age, sex behavior, environment, and circumstances after the crime, etc. shall be determined as ordered.

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