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(영문) 전주지방법원 정읍지원 2017.01.12 2016고단603
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On October 29, 2016, around 19:08, the Defendant was proceeding in parallel with the two-lanes of H oil station located in the G of Chang-gun, Chang-gun, North Chang-gun on the one-lanes from the border area of the same military interest and the one-lanes from the border area to the Si/Y-Eup.

At the time, at night, there is a speed of 80 km per hour, so there was a duty of care to prevent accidents by complying with the speed limit to those engaged in driving business, and by accurately operating the steering and brakes well by accurately operating the steering direction and brakes while living well on the right and the right and the right at the time.

Nevertheless, the Defendant neglected to do so and did not look at the speed of about 154 km in speed exceeding 74 km per hour, and did not immediately locked the front, and did not see the victim I (I, 83 years old), the victim J (I, I, and the victim J (I, I, I, 38 years old) who was crossing the road on the right side of the driver's seat and the front glass part of the said car.

Ultimately, the Defendant caused the death of the victim I due to the above occupational negligence, and caused the death of the victim I due to the brain breath, which was accompanied by two blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each body death certificate;

1. A survey report on actual conditions;

1. Notification of results of traffic accident analysis;

1. Application of each statute on photographs;

1. Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant provisions concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) and (2) of the Criminal Act on the stay of execution (the court shall take into account favorable circumstances, such as the violation of the law, the fact that the court made an effort to recover damage, the fact that the victim and his/her bereaved family members agreed to do so smoothly, and the first offender);

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