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(영문) 대전지방법원 논산지원 2017.02.07 2016고단618
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 10, 2016, the Defendant driven the above vehicle at around 09:20 on October 10, 2016, and continued to drive the two-lane road in front of the Hanyang University University Hospital, Chungcheongnam-do, Chungcheongnam-nam, Chungcheongnam-do, Chungcheongnam-do, along the one-lane way to be assigned from the Pacific side.

There are 60 km/h at a limited speed, and there was a duty of care to prevent accidents by complying with the restricted speed for persons engaged in driving motor vehicles and operating motor vehicles accurately operating the steering and brakes of motor vehicles.

Nevertheless, the Defendant neglected this and driven a limited speed exceeding 37km/h 97km/h, and caused the Defendant’s bicycle riding of the victim D(86) driving a road on the left-hand side from the right-hand side of the Defendant’s running direction to the left-hand side of the road.

Ultimately, the Defendant caused the death of the victim in the emergency room of the Ganyang University Hospital in the limit of 200,000, from the aforesaid occupational negligence, at around 10:17, the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes for report on internal accidents (as regards the operation of a vehicle under obligation in the sea);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General traffic accident [the grounds for sentencing under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] / [the person subject to special mitigation] / [the person subject to special mitigation] / [including efforts to recover from damage] / the defendant's excessive driving, and the accident in this case occurred while the defendant was under continuous driving, and the result of the defendant's negligence and crime, such as the victim's death, are not easy, but the defendant's mistake against the victim, the victim's bereaved family and the victim agreed smoothly with the victim.

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