(영문) 대전지방법원 서산지원 2019.01.23 2018고단1152

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(영문) 대전지방법원 서산지원 2019.01.23 2018고단1152

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a rocketing car.

On October 21, 2018, the defendant, around 20:20 on the 20:20, the national highways No. 34 on the west Sea of the Sinjin-si, along the two-lanes between the two-lanes at the speed of 110 to 120km each hour in the Sinyeong-si.

At the time of night and its place is 80 km per hour, so there was a duty of care to prevent accidents by observing the speed limit to those engaged in driving business, and by accurately manipulating the steering and steering system, it was a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so at a speed exceeding 30 to 40 km, which led to the negligence of driving at a speed exceeding 30 to 40 km, brought about the following parts of the victim C (the 40-year-old driver) driving without registration of the victim C (the 40-year-old driver) in front of the Defendant’s vehicle.

Ultimately, between October 21, 2018 and October 21, 2018, the Defendant caused the victim’s death by cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral typ from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on photographs, such as a autopsy report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident,

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 selection of

1. The sentencing conditions of Article 62(1) of the Criminal Act, such as the age, character and conduct, environment, and circumstances leading to the commission of the crime, shall be determined in consideration of the following factors: (a) the serious result of the death of the victim; (b) the agreement with the bereaved family members; and (c) the reflection thereof; and

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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