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(영문) 전주지방법원 남원지원 2016.09.06 2016고단112
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On May 23, 2016, the Defendant driven the above car at a speed of about 95.5 km from the south side to the south side of the city of South Won-si, driving the two-lane road in front of the D in front of the south city at a speed of about 95.5 km per hour.

At the same time, the victim E (the age of 21) was driving in the same direction, and in such a case, the driver of the motor vehicle has a duty of care to maintain the speed of restriction and accurately manipulate the brakes and steering gear by accurately manipulating the steering system and steering gear and prevent the accident in advance.

Nevertheless, due to the negligence that the defendant neglected this and proceeded with a limited speed exceeding 25.5 km, the defendant found that the victim changed the lane from the two lanes to the one lane to make a U-turn, but the defendant did not avoid it, but went beyond the ground floor by receiving the victim's front part on the left side of the motor vehicle of the defendant's driver's vehicle and moving the victim into the ground.

Ultimately, the Defendant caused the victim’s death by occupational negligence at around 23:49 on the same day due to brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala at the Jeonnam University Hospital in the 42-gu, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the comprehensive analysis of traffic accidents, on-site photographs, and traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to each investigation report (including attached materials);

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [Scope of Recommendation] The occurrence of traffic accidents to the victim of the Type 2 (Death resulting from Traffic Accidents) (2-1 year) of the Special Mitigation Zone (2-1 year).

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