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(영문) 춘천지방법원 강릉지원 2017.12.27 2017고단1332
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence 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 BMW car.

On August 14, 2017, the Defendant driven the above car on the 17:26th day of August, 2017, and proceeded to the third side from the parallel of the East Sea along the first lane of the expressway in the East Sea.

At the time, there was a duty of care to prevent accidents by safely driving cars such as driving at an appropriate speed so that the booms and brakes accurately operate the booms and brakes, and the vehicles do not turn off the surface.

Nevertheless, the Defendant neglected to do so, while driving at a speed exceeding 80 km per hour by negligence of speed exceeding 117 km per hour, caused the said car driven by the Defendant by negligence of driving a speed exceeding 117 km per hour, and received the front-down of the car and the front-down of the car, and then received the central separation gate.

Ultimately, the Defendant caused the death of the victim C (82) who was on the back of the instant car due to the above occupational negligence by the victim C (82) who was on the back of the said car, to be transferred to the Samcheon Medical Center in Gangwon-do, 418, Samcheon-ro, Gangwon-do, and was under medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes requesting appraisal, such as a report on the occurrence of a traffic accident, a report on each traffic accident, a photograph of the scene of the accident to be submitted by a police officer for each initial and initial measure, a death certificate, a photo of the body of the change, a photo of the body of the body of the change, a postmortem report, and a photo, a photo, a photo upon

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall apply to the relationship with the victim, while the result is heavy, and

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