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(영문) 창원지방법원 2018.04.11 2017고단3911
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for six 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 Doz car.

On September 23, 2017, the Defendant driven the above car at around 03:30 on September 23, 2017, and driven the road in front of the Saemaul Undong 154, a half-lane from the 119 Safety Center at the 119th parallel parallel parallel parallel in the new road.

Since there is a road that should be operated at a limited speed of 60km per hour, there was a duty of care to keep the restricted speed to prevent accidents to the person engaged in driving service.

Nevertheless, the Defendant proceeded at a speed of 114km to 122km per hour exceeding 20km, and the Defendant was negligent by leaving the steering gear fast to the right side of the direction of the Defendant’s operation in order to avoid shock with the central separation unit, thereby passing the said car.

Ultimately, the Defendant caused the death of the victim E (22) who was on board the said car due to the above occupational negligence due to the cerebral brain injury and damage to the landscape of the wound, etc., and the Defendant suffered injury to the victim F (20) by the injury, such as algohion and algohion requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person who is sentenced to special sentencing guidelines for 2 months from January to August from August to August from the base of the reduction of the classification of types of traffic accidents: A person who is sentenced to the sentencing guidelines for 2 months from August to August from August to 2: Aggravating factors (serious negligence) and a person who is sentenced to general sentencing for mitigation factors (from August to 2): A sentence of imprisonment without prison labor for a year and June: A sentence of imprisonment without prison labor for a year and 6 months: A sentence of imprisonment without prison labor for a year and 24 hours: A sentence of imprisonment without prison labor for a year and 6 months, a heavier reason for a reduction of 24 hours: A confession, first crime, and a victim E's bereaved family member.

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