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(영문) 의정부지방법원 2016.12.22 2016고단3491
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 who is engaged in driving of Bone Star Co., Ltd.

On June 23, 2016, around 09:10, the Defendant proceeded at a speed of about 84.6 km in the speed of Si, depending on the speed from the direction of the Jin-ri distance to the direction of the Jin-ri distance.

At that time, since the road works are in progress and the speed of restriction is 50 km per hour, there was a duty of care to safely drive a person engaged in driving service by complying with the speed limit.

Nevertheless, the Defendant neglected this and proceeded with the speed exceeding 34.6 km a speed of 34.6 km by negligence, and received the part on the right side side side side of the victim D(69 years old) driving in the direction of the right side from the left hill direction.

Ultimately, around June 23, 2016, around 14:30 on June 23, 2016, the Defendant caused the death of the victim at the Ganyang-si Hospital of the 153 Ganyang-si, Gannam University due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Efacing a witness boxe image images;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The traffic accident in this case was committed while the defendant was driving a limited speed exceeding 34.6 km, and the result of the victim's death was more favorable: The defendant's mistake is divided and the defendant has agreed with his bereaved family; the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments such as the circumstances after the crime are taken into account.

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