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(영문) 수원지방법원 평택지원 2017.01.18 2016고단2032
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DN car.

On September 10, 2016, the Defendant, at around 13:41 on September 10, 201, proceeded at approximately 100 km each hour, along a two-lane road near the lusular distance in Pyeongtaek-si E, from the inside of the Gegro Corporation, along one lane towards the inside of the city.

At all times, the speed limit was 60 km per hour on the road along which the median line is installed, and there was a cross-section in the front bank, so there was a duty of care to see the front side, observe the speed and the speed limit, and prevent the accident in advance.

Nevertheless, the Defendant neglected this and was negligent in driving the G SP car in front of the Defendant’s vehicle in front of the passenger car, which was going to the G SP car in front of the Defendant’s vehicle, along the opposite by the negligence of driving at a speed of 106 km a speed exceeding 106 km per hour.

Ultimately, the Defendant caused the death of the said F due to the above occupational negligence on the part of the two parts, and caused the death of the victim H (W, 31 years old) who was on board the said SP car due to the said sP car by the end-up.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I and J;

1. A report on the actual condition of traffic accidents, and a report on the occurrence status;

1. A traffic accident analysis and appraisal report;

1. Police seizure records;

1. Each body death certificate;

1. Application of Acts and subordinate statutes to each photograph;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Persons who are subject to special sentencing (the judgment on the application of the sentencing criteria) of the type 2 of the O general traffic accident (the death or injury) on the grounds of the selective sentencing of the imprisonment without prison labor (the judgment on the application of the sentencing criteria): the right to file a final appeal, the right to file a serious effort to recover the damage, and the right to file a final appeal (the person who is subject to mitigation) where the illegality is serious.

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