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(영문) 의정부지방법원 2016.12.09 2016고단2985
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CPoter II cargo vehicles.

On April 15, 2016, the Defendant driven the above car at around 13:00, and led the two-lane road in front of the E-cafeteria D in Seocheon-si, Gyeonggi-do, to proceed to about 105 km each hour at the speed of 105 km from the village of the E-cafeteria at the same Myeon.

Since it is a road with a restricted speed of 80km per hour, there was a duty of care to safely drive a person engaged in driving a motor vehicle by complying with the restricted speed.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 25 km a speed of 25 km per hour, and received the back portion of G-wheeled Motor Vehicle driving by the victim F (the age of 65) who is changing from two lanes to one lane in the same direction, as the front portion of the said cargo vehicle.

Ultimately, around April 15, 2016, around 14:30 on April 15, 2016, the Defendant caused the death of the Defendant by cerebral transfusion from the “I Hospital” located in the Namyang-si of Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to the Road Traffic Authority;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts and Special Cases concerning the Selection of Punishments on Criminal Facts, and Article 268 (Selection of Depository Punishment)

1. Article 62 (1) of the Criminal Act on Suspension of Execution (in cases of agreements with bereaved family members, comprehensive insurance, initial crimes, confession, etc.);

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