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(영문) 대전지방법원 2015.11.13 2015고단3301
교통사고처리특례법위반
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Defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

On June 5, 2015, at around 00:23, the Defendant driven a Pacific car, and driven the two-lanes between the three-lanes in front of the Daejeon metropolitan-gu D, the two-lanes toward the agricultural and fishery bio-distance distance from the Hannam-gu, Daejeon. Since the restricted speed is at a point of 60km speed, the Defendant was responsible for the duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and proceeded at a speed of about 43.7 km per hour, exceeding 103.7 km per hour, and led to the death of the victim F (ma, 47 years old)'s bicycles that enter the road to the right edge of the road, by shocking the front part of the said vehicle, resulting in the victim's low-blood shock and cerebral cerebral damage in the Seosan University Hospital located in Daejeon-dong, Daejeon Metropolitan City at around 00:29 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Protocol of the police statement concerning G;

1. The actual condition survey report and photographs;

1. CCTV images;

1. A death certificate;

1. Comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of signboards with limitation of accident points, speed signs and photographs);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 2011>

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