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(영문) 전주지방법원 2018.05.15 2018고단129
교통사고처리특례법위반(치사)
Text

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

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 a fixed cargo vehicle C.

On December 21, 2017, around 05:29 on December 21, 2017, the Defendant was driving ahead of the three-lane road located in Seojin-gu, Seoul Special Metropolitan City, E in front of E, with a two-lane two-lanes from the private street protection area to the Songcheon-gu.

At that time, since the speed limit is 50 km/h, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left and right while observing the speed limit to those engaged in driving of a motor vehicle.

Nevertheless, the defendant did not neglect the above duty of care and found the victim F (n, 42 years old) who passed the road to the right side from the left side of the last course due to negligence when driving a vehicle in excess of approximately 41.6km/h of the limit speed, and caused the victim's body to go beyond the road by shocking the victim's body in front of the right side of the above cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence on December 21, 2017, 06:07, which caused the death of the victim due to the multiple trauma damage at the North Korean University Hospital located in the 20th North Korean University on December 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes notifying the results of traffic accident analysis;

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 of the community service order [the scope of recommended punishment] In the case where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage even for the victim of the type 2 (Crime 2-1 year) in the area of special mitigation (Crime 2-1 year), the victim is the victim's death due to neglect of the defendant's speed and duty of care in front operation.

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