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(영문) 전주지방법원 2018.04.17 2017고단2558
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a B B B B B B B B B car.

On November 25, 2017, around 15:33, the Defendant driven the said car at a high height of movable property located in the 53-lane of Seojin-gu at the Jeonjin-gu, Seoul Special Metropolitan City on November 25, 2017, and proceeded at a speed of about 75.km from the surface of movable property, depending on one lane among two lanes.

At the same time, the speed limit was 70 km, and the victim C (the victim 74 years old) is driving along the two lanes and the side side from the right side of the direction. In such a case, there was a duty of care to comply with the speed limit and to prevent accidents by accurately manipulating the steering direction and the steering gear.

Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to proceed in excess of the speed limit, and due to the negligence that led to the change of course to one lane, the Defendant received the part of the left side of the above disabled vehicle of the above disabled vehicle in front of the said Tluri-ri vehicle.

As a result, the Defendant caused the death of the previous North Korean University Hospital, which was in the 20th Sogjin-gu Seoul Special Metropolitan City on the same day due to the above occupational negligence, due to the multiple trauma damage, etc. in the previous North Korean University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

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. The reason for sentencing of the community service order under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation] The ground for sentencing of the community service order under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] is the victim's bereaved family member where the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage (including efforts to recover damage).

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