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(영문) 의정부지방법원 2018.06.01 2018고단447
교통사고처리특례법위반(치사)
Text

1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

On October 9, 2017, the Defendant driven the above car at around 19:15, and proceeded with the two-lane road in front of the D cafeteria located in the Namyang-si, Namyang-si, in accordance with a one-lane as the mamb in front of the D cafeteria.

At the time, it is night, and at the same time, the speed of restriction is 60 km per hour, so the driver of the motor vehicle has a duty of care to ensure safe operation by complying with the speed limit, properly operating the brake system.

Nevertheless, the defendant neglected this and failed to properly operate the brakes at a speed of 86 km per hour, and found late after the victim E CA100 Orala, which operated an illegal internship on the two-lanes, and received the left-hand part of the victim's Orala, which was the left-hand part of the car.

Ultimately, around October 13, 2017, around 19:30 on October 13, 2017, the Defendant caused the death of the victimized person, who was receiving medical treatment at the Seongdong-gu Seoul Metropolitan Government University Hospital 222-1, due to brain pressure, training paralysis, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Investigation report (verification of black stay images, and confirmation of the cause of accident);

1. A digital analysis appraisal report;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning body photographs and field photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attending, in violation of the speed of limitation, resulted in the death of the victim by discovering the error of the victim illegally making an internship, and shocking it.

At the time of the accident, the defendant's speed is not less than 20km.

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