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(영문) 전주지방법원 2018.06.19 2018고단223
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 engaging in driving a high-speed bus in Seoul.

On October 24, 2017, around 09:15, the Defendant driven the 65.1km at the speed of f5.1km among the six-lanes on the front line of the Honam Highway, from the boundary of the front line of the Honam Highway, to the front line of the Honam Highway.

Since there is a narrow and limited speed of 30 km a speed, the defendant engaged in driving of a motor vehicle has a duty of care to observe the speed of restriction, to show the right and safely drive the motor vehicle so that the accident should be prevented in advance.

Nevertheless, the Defendant neglected to do so and proceeded at a speed exceeding 35.1km per hour, which is above 35.1km per hour, and did not discover the victim D (n, 43 years old) who crosses the upper right side of the bus driving by the Defendant at the right side in the direction of the Defendant’s proceeding, and was placed head top in front of the bus driving by the Defendant.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence in the field of two frames.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. Photographss and road-related photographs by capturing CCTVs at the time of the accident;

1. A corpse death certificate;

1. Investigation report (any CCTV-related investigation into the causes of an accident);

1. Investigation report (investigation related to speed limit on the place of accident);

1. Results of traffic accident analysis - Application of Acts and subordinate statutes governing speed investigation;

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. The defendant and his defense counsel regarding the assertion of objection against the defendant and defense under Article 62 (1) of the Act on the Suspension of Execution of the Criminal Procedure

Defendant could not have been expected at all, and Defendant complied with the speed limit.

Even if it is inevitable, it is an accident that cannot be prevented.

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