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(영문) 대전지방법원 서산지원 2016.11.04 2016고단644
교통사고처리특례법위반(치사)
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

The defendant is a person who is engaged in driving a NAS car.

On April 28, 2016, the Defendant driven the said car at a speed of about 82.8km to 84.6km from 15:30 on April 28, 2016, and proceeded at a speed of about 82.8km to 84.6km from west-dong to west-dong, along the distance of the tax office.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle, such as checking the right and the right and the right of the motor vehicle, and complying with the speed limit.

Nevertheless, the Defendant neglected this and proceeded at a limited speed exceeding approximately 22.8km and about 24.6km per hour, and was negligent in driving the Mad farm road on the surface of Samsung Apartment at the Cheongcheon Riverside by the victim C (the age of 59) who driven the NY125 Otob, a part of the left side of the NY125 Otob, which was driven by the victim C (the age of 59).

Ultimately, the Defendant caused the death of the victim by occupational negligence due to an external wound, etc. at a hospital affiliated with a college affiliated to a single university, which was located in 201 in the south-gu, Dong-gu, dong-gu, dong-gu, dong-gu, where the victim was under the follow-up treatment at around 18:48 on April 28, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning de facto condition survey reports, death diagnosis reports, photofluor photographs, traffic accidents comprehensive analysis reports, and limited speed-related photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fault of the victim is also deemed to have contributed to the occurrence of traffic accidents or the expansion of damage.

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