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(영문) 서울북부지방법원 2017.08.10 2017고단2181
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year 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 January 26, 2017, the Defendant driven the above car at a speed of about 73.4 km from the east-gu Seoul Metropolitan Government road to the east-gu road at the intersection of the Dong-dong market.

Since the restriction speed is at a point of 60 km per hour, there was a duty of care to prevent accidents in advance by safely proceeding the driver of the vehicle, such as complying with the restriction speed and accurately operating steering devices and brakes.

Nevertheless, the Defendant neglected this and went beyond 13.4 km a speed of 13.4 km per hour, thereby leading the handle from the right side of the running direction to the left side of the road and crossing the road to the left side of the victim D(78).

Ultimately, around January 26, 2017, around 03:50 on January 26, 2017, the Defendant: (a) caused the victim to die with cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrum at the University Hospital in Seongbuk-gu, Seongbuk-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, photographs related to accidents, death certificate, and traffic accident analysis response;

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 occurs. However, it appears that the Defendant recognized the crime of this case and reflects the mistake, and the victim’s unauthorized crossing appears to have affected the occurrence of the accident of this case. The victim’s bereaved family members do not want the punishment against the Defendant, and the Defendant has no record of criminal punishment in the past.

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