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(영문) 대전지방법원 논산지원 2016.06.14 2016고단68
교통사고처리특례법위반
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

The Defendant is a person engaging in driving a rocketing car.

On December 10, 2015, the Defendant driven the above car at around 18:30 on December 10, 2015, and got two-lanes from the IC on the two-lane road in front of the D station at the time of Seosan.

At that time, the restriction rate is 80 km per hour, and at that time, the restriction rate is 64 km per hour, so there was a duty of care to prevent accidents by complying with the restriction rate and operating the steering gear and brake system accurately.

Nevertheless, the defendant neglected this and did not discover the victim E (74) who crosses the road on the right side from the left side of the direction of the defendant's course to the right side while moving to a speed exceeding 101 km per hour by speed, and went beyond the floor by shocking it into the front part of the car.

Ultimately, the Defendant caused the death of the victim by occupational negligence in G hospital located in F in 19:03 on the same day from the day of 19:03.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. A report on investigation (the speed of one vehicle involved in an accident);

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that, although the result of the crime is not weak, such as the death of the victim due to the instant accident, the punishment is determined as ordered in consideration of the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the primary crime is the victim; (c) the victim’s bereaved family members and the bereaved family members have agreed smoothly; (d) the vehicle is covered by the comprehensive motor vehicle insurance; (c) the occurrence of the accident is not negligent by the victim; and (d) the Defendant’

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