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(영문) 광주지방법원 순천지원 2015.11.30 2015고단1655
교통사고처리특례법위반
Text

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

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 a B-to-car.

On May 13, 2015, the Defendant driven the said car at around 14:40, while driving the said car at around 14:40, the Defendant got approximately 104.2 to 110.9km/h of speed, depending on the two-lane intersections of the D cafeteria, which is located in Nsung-gun C from the scambrogate to the scambrogate.

Since there is a three-distance intersection with a signal, there was a duty of care to prevent accidents in advance by reducing speed to persons engaged in driving service, keeping the surrounding traffic condition well and safely.

Nevertheless, the Defendant neglected such duty of care as above and proceeds from the negligence that exceeds 80 km/h of the restricted speed to the cafeteria in the right-hand village in accordance with the farm route.

The center part of the upper left-hand part of the victim E (E, South, 79 years old) driving who entered the intersection in the direction of the Eup/Myeon, was shocked with the front front part of the Defendant vehicle, thereby getting the victim over the road.

Ultimately, at around 15:25 on the same day, the Defendant caused the death of the above victim due to brain damage caused by dystroke, scoke, scokebrake, and pulmonary damage in the G Hospital emergency room at around 15:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A traffic accident report, a actual condition survey report, and on-site photographs;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act, the selection of imprisonment without

1. Reasons for the suspended sentence of Article 62(1) of the Criminal Act [decision of types] for the sentencing of traffic accidents in general (decision of types] under Article 62(1) of the Criminal Act (the grounds for sentencing below), relief measures after the accident (the special person causing death of traffic accidents), relief measures after the accident (the general person causing death of traffic accidents), purchase of automobile comprehensive insurance, serious reflectness, and criminal punishment.

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