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(영문) 춘천지방법원 속초지원 2016.02.17 2015고단574
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of 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 of CAridi R8 car.

On August 30, 2015, the Defendant driven the above car at a speed of 161km per hour from the front side of the water protection area to the front side of the city-speak tunnel, which is located in the high-speak-gun of Gangwon-do.

It is a tunnel and 70 km per hour, so in this case, a person engaged in driving service has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and brakes accurately.

Nevertheless, the Defendant neglected this and led the victim’s H(W, 49 years old) and the victim’s F (W, 24 years old) who was driven by the victim D(W, 47 years old) who was driven in front by the victim D(W) due to the negligence of driving more than 91km a speed limit of 91km, and continued to proceed in front by the victim F (W, 24 years old) who was driven by the victim F (W, I) who was driven by the victim D and F, followed the victim’s cir part, and got the victim’s H(W, 49 years old) who was driven by the victim D and F.

As a result, the Defendant caused the victim D to die from his occupational negligence to his hearts, etc., and caused the victim H to death in his workplace, and caused the victim F to suffer bodily injury, such as cryp, chest and chronum, and tension, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and K;

1. A statement of F and K Preparation;

1. A traffic accident report, on-site inspection report, and on-site photographs of a traffic accident;

1. Seizure records;

1. Each body death certificate;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. The Criminal Act, the suspension of execution;

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