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(영문) 전주지방법원 군산지원 2020.04.29 2020고단264
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2020, the Defendant was engaged in driving of BWts’ automobiles, and was driving the said vehicle at a speed of 81.7 km from the e apartment to F on January 15, 2020, following the driving of the said vehicle at a speed of 81.7 km per hour.

Since there is a road with a restricted speed of 60km per hour, the driver of the vehicle has a duty of care to safely operate the vehicle by complying with the restricted speed, such as checking whether there is a person who sees well the right and the right and the right and the right while complying with the restricted speed.

Nevertheless, the Defendant neglected this and got the victim G who was crossing the road to the right side from the left side of the running direction of the Defendant Madle vehicle to the right side by neglecting the speed of the road and driving the speed exceeding 21.7 km per hour.

Ultimately, at around 15:22 of the same day, the Defendant sent the victim to the I Hospital located in H in the Hasan-si on the same day due to such occupational negligence and caused the death of the victim on the ground of “the credit-free one with no open address” in the above hospital during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident inspection report, an accident vehicle and field photograph, a black image-fluoring data, a death diagnosis report, and a traffic accident analysis report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In the case of driving service involving the risk of potential loss of human life due to traffic accidents due to the sentencing reasons of Article 62-2 of the Criminal Act, the duty of care to observe the Road Traffic Act and to prevent accidents from occurring at all times is now emphasized.

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