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(영문) 광주지방법원 2017.11.16 2017고단3156
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2017, the Defendant driven D QM3 car around 00:20, and proceeded at a speed of about 114 km in time, depending on the five-lane road in front of the first apartment road located in the southwest-gu, Gwangju-gu, Gwangju-do, the end of the five-lane road in front of the first apartment road.

At this time, the Defendant neglected to perform his duty of care to observe the restricted speed, show electric direction, and operate the steering and operation system accurately, and instead neglected to do so, and found the FK5 taxi driving from the five lane to the one lane opposite to the other in order to drive the vehicle from the front side of the vehicle in excess of 70km speed as above due to the negligence of driving the vehicle in excess of the above 70km speed as above, and caused the damage to the front part of QM3 car.

Thus, the defendant caused the victim to die at around 01:20 on the same day among the Dos sent back to the Joseon University Hospital due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site and vehicle photographs;

1. A death certificate;

1. All on-site photographs;

1. Written response to a request for appraisal;

1. Application of the statutes on traffic accident analysis;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution may be mitigated in light of the fact that the result of the victim's death caused by negligence in violation of the limitation and speed of the defendant;

However, the fact that the defendant reflects the crime, that the vehicle of the defendant's driving is covered by a comprehensive insurance, that the victim's bereaved family members and the bereaved family members do not want the punishment of the defendant, and that the victim is considered to have been at the same time on the five-lane road to make a U-turn, and that the road is very heavy by negligence.

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