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(영문) 전주지방법원 군산지원 2018.02.21 2017고단1649
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 the operation of a Puratom car.

On October 30, 2017, the Defendant driven the above car at around 19:00 and proceeded along two lanes in front of the rear line of the Sinsan Sea Complex in the Sinsan Sea Zone. The Defendant driven the said car at around 19:00 and proceeded along the two-lanes from the middle distance of the tunnel to the side of the Sinsan Sea Complex.

At the time, there is a duty of care to prevent accidents in advance by checking whether a person engaged in driving of a motor vehicle is a person who gets on the road by complying with the speed limit and by checking the right and the right and the right of the motor vehicle at night and at the speed of 50km.

Nevertheless, the defendant neglected this and proceeded at a speed exceeding about 38 km per hour, and the victim D (the age of 48) who crosses the road from the left side of the vehicle driving direction to the right side of the defendant's car driving direction was shocked into the front part of the driver's car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by immediately causing the death of the victim due to the cerebral cerebral ties at the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs and the closures of black stuffs;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (scopic analysis), a report on investigation (scopic speed), and a report on investigation (scopic speed)

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] [the case where there is considerable negligence on the occurrence of traffic accidents even to the victim (the victim of February to one year) in the area of special mitigation (the special mitigation) (the victim of February to one year]. However, there was a serious result leading to the death of the victim, but the defendant recognized his mistake, and agreed with the victim's bereaved family members.

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