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(영문) 대전지방법원 홍성지원 2013.11.20 2013고단791
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

At around 00:41 on July 7, 2013, the Defendant, who is engaged in driving a small-scale car C, proceeded at a speed of about 110km from the evis-do to the evis-evis-Eup of Minecheon-gun, Hongcheon-gun on a speed of about 110km in speed.

At this point, the road along which a central line is installed is 60 km per hour, and thus, the defendant engaged in driving a motor vehicle has a duty of care to observe the speed of restriction, to make a well-being, and to accurately operate and safely operate the steering and brakes.

Nevertheless, the Defendant neglected this and caused the death of the victim D(27 years of age) who was on board the said car due to the negligence in excess of about 50 km in speed, which led to the death of the victim D(27 years of age) who was on board the said car due to a multiple long-term high frequency. The victim E (28 years of age) suffered from the injury of the brain dysium, etc. with no open room for about 6 weeks of treatment, and the injury of the victim E (28 years of age), which requires approximately 8 weeks of treatment to F (28 years of age), including the injury of the shock aggregate dys, which requires approximately 8 weeks of treatment to G (27 years of age), and the injury of the blood dystroke, etc., which requires approximately 8 weeks of treatment to G (27 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, E, and H;

1. The actual condition survey report;

1. On-site photographs;

1. Photographs of a deceased person;

1. Inquiry into the enemy;

1. A corpse of corpse;

1. Each written diagnosis;

1. Photographs immediately after the accident involving the driver of the vehicle involved or the passenger;

1. Application of Acts and subordinate statutes on comprehensive traffic accident analysis and replies;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

1. This case’s reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)).

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