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(영문) 전주지방법원 2014.06.13 2014고단474
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is engaged in driving of D SP car.

On February 3, 2014, the Defendant driven the said car at around 20:50 on February 3, 2014, and driven the said car at a speed of 80.2 kilometers from the direction of the lower Military Manpower Administration, using a three-lane road in front of the Korean-style rural village parking lot located in the front city of the front city in the front city of the front city, to proceed at a speed of 80.2 kilometers an hour from the direction of the lower military Manpower Administration. In such a case, the Defendant has a duty of care to check whether a person engaged in driving the vehicle complies with the restricted speed and to ensure the safe driving of the vehicle, as it is at night, the restricted speed is at night, and the passage of pedestrians is frequent by installing a crosswalk at a speed of 60 kilometers per hour.

Nevertheless, the Defendant neglected this and failed to discover the victim E (the aged 61) who was moving on the left-hand side from the right-hand side of the Defendant’s course to the left-hand side due to the fact that the Defendant failed to take a speed more than 80.2 kilometers a speed of 80.2 kilometers a speed exceeding the speed limit, and caused the death of the cardiopulmonary function due to the damage of diversified trauma around the left-hand side of the said car, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Actual condition survey report, vehicle photographs, and investigation report (related to video records of the skin vehicle);

1. A corpse of corpse;

1. A report on investigation (a statement by force or telephone);

1. Application of Acts and subordinate statutes to a investigative report (the result of analyzing the speed of a sea-going vehicle before the collision of victims);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The fact that there is an agreement with the bereaved family of the victim under Article 62 (1) of the Criminal Act, the fact that the victim has subscribed to the comprehensive motor vehicle insurance, there is no record of criminal punishment, confession and seriously reflect, and the fault of the victim caused by the unauthorized crossing is also recognized.

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