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(영문) 전주지방법원 군산지원 2017.06.30 2017고단231
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

The defendant is a person who is engaged in driving a Bsch Rexton car.

On December 28, 2016, the Defendant proceeded at a speed of 108.6km each hour from the west Eup along the two lanes towards the road in front of the new interest church, which is located in the Yellow-si, the Yellow-si, the following: 18:35 on December 28, 2016.

At the time, it was at night, and this place was at 80 km speed, so there was a duty of care to safely drive a person engaged in driving service with a limited speed.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 28.6 km on the left side of the Defendant’s vehicle and received the victim C (the age of 77) who was flading the red signal on the crosswalk from the left side of the Defendant’s vehicle to the right side of the road.

Ultimately, the Defendant’s negligence on December 28, 2016 caused the death of the victim by external shocks, etc. at the nuclear power colleges and the emergency medical centers at universities and colleges, which are located in 895, Godon-si, Gosi-si, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The actual investigation report on traffic accidents;

1. 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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (including the fact of partial negligence of the victim and the fact of agreement with the victim's bereaved family members).

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