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(영문) 의정부지방법원 2017.10.17 2017고단1819
교통사고처리특례법위반(치사)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of CKa car.

On November 9, 2016, the Defendant came to proceed one lane at 34.6 km away from the Highway, which is located in the sub-Gun, Chungcheongnam-do around 10:03 on November 9, 2016, in the direction of the patrol in the name of Busan.

Since the place was an expressway, there was a duty of care to prevent accidents by accurately operating speed and brakes, properly seeing the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care.

Nevertheless, the Defendant neglected this and entered the center of the vehicle, lost its center, and entered the two-lanes of the Defendant’s car, shocked the retaining wall of the Defendant’s car into the right right side of the road, and proceeded ahead of the Defendant’s person on the two-lanes.

D(58) The back part of the ETrac Trac Trac Trac Trac Track which is driven by D(58) was shocked with the front part of the Defendant’s vehicle.

Accordingly, the Defendant caused the death of the Victim F (V, 60 years of age, 80 years of age) and the Victim G (V, 80 years of age) who was on the Defendant’s vehicle due to the above occupational negligence in each depth, and the Victim H (V, 71 years of age) by the blood shock.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of D;

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

1. A medical certificate and each death medical certificate;

1. Application of reply statutes to a response to a request for appraisal and a request for technical analysis related to the occurrence of traffic accidents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution occurs, leading to the death of three victims: Provided, That consideration is given to the circumstances leading to the instant traffic accident, the fact that the victims agree with the bereaved families of the victims as between the defendant and the intermediary, the fact that the victims are the primary offenders of the defendant, and the fact that they are against the defendant;

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