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(영문) 수원지방법원 안양지원 2017.11.30 2017고단514
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low-speed.

On December 16, 2016, the Defendant continued straight at a speed of about 123 km at the speed of 5 km from the five-lanes along the line of the telecommunication unit, which is located in the Sincheon-si, Sucheon-do.

At the time, there is a new wall, and there is a place where the speed immediately prior to the entry into the intersection is 70km speed per hour, so in such a case, a person engaged in driving a motor vehicle has a duty of care to observe the lane and the speed limit, accurately manipulate the steering gear and the brakes, and prevent accidents by driving the steering gear and the brakes.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding about 53 km per hour while driving a restricted speed, and the victim D (17 cm) who was driven in the front-way from the front-way to the front-way and was found to have been employed by the Defendant at the latest by fault, who was driving by the above-mentioned low-speed vehicle.

Ultimately, the Defendant caused the victim to die due to such occupational negligence at the Ganyang-si Hospital of the Ganyang-ro, 170 o-ro, Ganyang-si, 12:16 on December 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A death certificate;

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

1. In light of the fact that there is a serious result from the negligence of the defendant's reason for sentencing a sentence of imprisonment without prison labor punishment under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the fact that the victim's bereaved family members who are the deceased are unable to receive an application from the victim, a sentence of imprisonment with prison labor is inevitable for the defendant.

However, it is decided as per the disposition in full view of the fact that the defendant is against the defendant, the fact that the motor vehicle comprehensive insurance is subscribed, and other conditions of sentencing such as the defendant's age and environment.

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