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(영문) 대전지방법원 공주지원 2017.05.26 2017고단61
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two years.

Reasons

Punishment of the crime

On February 16, 2017, around 18:59, the Defendant driven a Boh-ri Intersection in Boh-ri, Boh-ri, Boh-ri, Boh-ri, and continued to run a Boh-ri, Boh-ri, Boh-ri, Boh-ri, Goh-ri.

At the time, there was a rain, and there was a duty of care to temporarily stop in front of the crosswalk and prevent accidents, if there was a pedestrian, in the front section of 80km speed, a vehicle signal, crosswalk, and pedestrian signal installed in the front section, and in such a case, the defendant was a pedestrian green signal.

Nevertheless, the Defendant neglected this and proceeded without violating the signal by driving about 164 km in speed beyond the speed limit and driving it as it is. The Defendant sent the victim D(81) and the victim E (82 years old) to the right side from the left side of the running direction of the Defendant at the time when the Defendant was faced with the front side of the crosswalk, and caused the victims to die with multiple long-term damage from the seat.

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 F, G, H, and I;

1. Report on the occurrence of a traffic accident, report on a traffic accident, investigation report, traffic accident analysis and appraisal report, and response to a request for appraisal;

1. Each death certificate and each postmortem report;

1. Application of accident scene photographs, CD-related Acts and subordinate statutes;

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. The reason for sentencing of the alternative imprisonment without prison labor is that the defendant, while driving a limited speed exceeding 84 km/h, caused the instant traffic accident in violation of the signal and the occurrence of a serious result of the victims' death. It is inevitable that the sentence of imprisonment without prison labor is imposed.

However, the defendant.

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