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(영문) 전주지방법원 남원지원 2018.10.16 2018고단169
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 who is engaged in driving a KS7 car.

On June 29, 2018, the Defendant changed the two-lanes to one lane in order to pass ahead of the unclaimed vehicles, while driving at a speed of about 154.7 km at the speed of about 154 km at the south-si, the west-si, the south-si, the west-si, the west-do, the west-do, the right of which is located in the west-do, Chungcheongnam-si, the south-si., the Defendant changed the two-lanes to one lane in order to pass ahead of the unclaimed vehicles.

At the time, it is night and its location is 100 km speed, so the driver of the motor vehicle has a duty of care to observe the speed limit for those engaged in driving the motor vehicle, and when changing the lane, the driver of the motor vehicle has a duty of care to use the direction, etc., to properly consider the situation of the front, rear and left traffic, and to change the lane safely.

Nevertheless, the Defendant neglected this, while driving at a speed of 154.7 km at a speed of 154 km, the Defendant did not secure sufficient distance with the vehicle driving by the victim C (56) while driving the D SP car at a speed of 154.7 km, and due to the negligence of changing the course to a single lane without securing sufficient distance with the vehicle driving by the victim, the damaged person's right part of the said SP vehicle is shocked into the left part of the Defendant's left part, and thereby, the vehicle driving by the victim was able to make the center separation, and the right dick day.

As a result, the Defendant caused the death of the victim due to multiple cerebral brain damage at the former North Korean University Hospital located in 20, Jinjin-gu, Seoul Special Metropolitan City on July 17, 2018, where around 09:42, the Defendant had been treating the victim in light of the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. On-site photographs;

1. B B B B B B cambling images;

1. An analysis of traffic accidents;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)

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