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(영문) 창원지방법원 2015.11.12 2015고단1595
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Criminal facts

On April 19, 2012, the Defendant sentenced the Changwon District Court to six months of imprisonment for a violation of the Military Service Act, and completed the execution of the sentence in the Changwon Prison on April 23, 2012.

The Defendant is a person engaging in driving a rocketing car.

On March 31, 2015, the Defendant driven the said car on March 17:20, 2015, and led the Defendant to drive the said car on the one-lane road in front of the first section of the head of the Seocheon-gu, Jincheon-gu, Jincheon-do.

Since the above road is 60 km a speed of time and at the time, the driver of the vehicle had a duty of care to reduce the speed of not more than 48 km per hour and to prevent the accident by driving the vehicle safely and safely.

Nevertheless, the Defendant neglected this and proceeded at a speed of 127 km per hour exceeding 79 km, and received a street, etc. in front of the vehicle, at the same time, on the right side of the road.

Ultimately, the Defendant caused the death of the victim D (here, 22 years of age) who was on board the steering team due to the foregoing occupational negligence by receiving an emergency treatment from the F Hospital located in Chang-si, Chang-si E on March 31, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The police statement concerning G;

1. The speed of GPS for hazard-preventive vehicles;

1. Photographs;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes concerning criminal records, repeated crimes, and confirmation;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. of Traffic Accidents) (Article 8-1) (Article 35) (Article 35 of the Criminal Act) (Article 35) (Article 35 of the Act on the Punishment, etc. of Specific Crimes) - Basic Matters (Article 34 of the Act on the Punishment, etc. of Traffic Accidents) - Basic Matters such as the content of negligence and the degree of damage, etc.

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