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(영문) 전주지방법원 2017.10.10 2017고단1274 (1)
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 low-priced car.

1. On April 20, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) driven the said high-speed car on the roads of the shooting distance due to the vice-glusium on the site of Kim Jong-si on April 20, 2017, and led the Defendant to drive the said high-speed car along the two-lanes from the front week to the Kim Jong-do.

At the time of night, there was a duty of care to prevent accidents by maintaining the speed limit to those engaged in driving of a motor vehicle and properly manipulating the right and the right and the right and the right of the motor vehicle, and accurately manipulating the steering gear and brakes.

Nevertheless, the defendant proceeded at a speed of 105.2 km per hour exceeding 25.2 km per hour, and he was found to be late after the victim E ( South, 56 years old) crossing the road from the right side of the defendant's proceeding to the left side, and operated the steering gear to the right side, but the steering gear was operated to the right side on the left side of the above high typ-hand car, and caused the victim to use it in the opposite lane. Accordingly, the victim was 12 seconds later, and the joint defendant F's car driving GK5 driver's vehicle, which had been located at the right side of the defendant's proceeding, followed the victim.

The Defendant caused a traffic accident due to the above occupational negligence, resulting in the victim E's death due to brain ties and long-term damage.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) received from E as set forth in paragraph 1, and subsequently stopped from E on the two-lanes, the Defendant received from the victim H (the other 54 years old) driver’s first and third cargo vehicle’s back part of the three cargo vehicle as above, and suffered from the victim’s injury with approximately two weeks of light and fluoral base for treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (on-site fact-finding survey report, low-speed strawing vehicle image analysis);

1. On-site photographs;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant provisions of the Act concerning facts constituting an offense;

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