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(영문) 전주지방법원 정읍지원 2018.07.10 2017고단433
교통사고처리특례법위반(치사)
Text

The sentence of imprisonment without prison labor for defendants shall be determined by one year.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a C-si.

On August 20, 2017, the Defendant, at a speed of 142.8km/h from the west to the inside of the Gun, led to the intersection prior to the “new gold exhibition hall,” which is in the opposition against the west-gun of the west-gun, North Korea, North Korea.

At that time, the speed of restriction is 30 km/h, from the straight line to the straight line, and the surface was milched at that time, so there was a duty of care to observe the speed of restriction and drive the vehicle safely by checking it well. In such a case, there was a duty of care to the person engaged in driving the vehicle.

Nevertheless, the Defendant neglected this while driving a vehicle due to the negligence of violating the restricted speed, and continued to receive the curbstones set up in the center of the wheel intersection, and continued to receive the curbs set up at the center of the wheel intersection, and then the said taxi was boomed.

Ultimately, the Defendant caused the death of the victim D (V, 42 years old) who was on board the said taxi due to the above occupational negligence, due to the injury of two parts, etc. in the said place.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A traffic accident report;

1. Notification of results of traffic accident analysis;

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] Article 62-2 of the Criminal Act of the Order to Attend a course of general traffic accident [the grounds for sentencing [the range of recommended punishment] Article 62-2 of the Punishment Act [the person who has been specially mitigated] is not subject to punishment (the decision of sentencing] [the grounds for and place of the occurrence of traffic accident], the reason and place of the occurrence of traffic accident, the death of the victim, the degree of violation of the obligation of the defendant (the degree of violation of speed), the guardian of the victim and the defendant, and the defendant

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