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(영문) 전주지방법원 2017.01.17 2016고단1804
교통사고처리특례법위반(치사)
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 KS7 car.

On September 2, 2016, the Defendant driven the said car at around 00:15, and driven the said car on the road of five lanes in front of the front city of Yansan-gu, the Defendant driven from the 4rd side of the tunnel to the 4rd side of the Jinbuk-gu, and proceeded at about 93.7km each hour from the 4rd side of the tunnel to the 4rd side of the Jinbuk-gu.

At the time, the surrounding area was kept at night, and the place was at the speed of 60km per hour, so the driver of the vehicle had a duty of care to safely drive the vehicle while complying with the speed of restriction and to prevent the accident in advance.

Nevertheless, the defendant neglected this and found the victim E (26 years old) who crosses the road from the right side of the defendant's course to the left side at the right side of the road due to the negligence that did not properly look at the front side while driving the speed exceeding approximately 33.7 km per hour, and caused the victim to take part in the front part of the above vehicle.

5. Around 21:44, the former North Korean University Hospital, located in the 20th Jinjin-gu, Jinjin-gu, Seoul, had caused death by pressure on brain, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of results of the comprehensive traffic accident analysis;

1. A death certificate;

1. Photographs;

1. Application of the laws and regulations governing accident video booms CDs

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act [the scope of the recommended punishment] is the case where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage even to the victim (a person with a special mitigation) in the area of special mitigation (two months to one year) (a person with a special mitigation). The punishment is an infinite sentence.

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