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(영문) 전주지방법원 2017.02.14 2016고단2064

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 who is engaged in driving a cargo vehicle in Hansung 7.5 tons or more of Hansung 7.5 tons.

On October 18, 2016, the Defendant driven the above cargo vehicle around 06:01, while driving at the 06:01, along the two-lane road in the mountain of the breadth of the breadth of Kim Jong-si, the Defendant proceeded at the speed of about 54 km from the intersection to the breadth of the intersection.

At the time, there was a duty of care to reduce the speed and to prevent accidents by safely driving a motor vehicle driving vehicle with the right and the right and the right at the time.

Nevertheless, the Defendant neglected this and found the victim D (64) who walked on the road at the front direction of the course of the defendant at the time when he was negligent, and received the victim from the front part of the above cargo vehicle and caused the victim to die due to external shock, etc. at the hospital of the nuclear college of the Republic of Korea located in 895, the next half of the cargo vehicle at the time of the same day, 07:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (to make an analysis and response to the operation records of the recipient vehicle);

1. A report on the results of analysis of the vehicle operation records system and an analysis of the operation records system;

1. A death certificate;

1. Application of Acts and subordinate statutes governing field evidence 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. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing) [the scope of recommendation] The scope of general traffic accidents [the range of punishment] under Article 62(2) of the Act on the Suspension of Execution (the period from February to one year) [the victim] also has a substantial negligence in the occurrence of traffic accidents or the expansion of damage (the period from February to 1 year), where the victim was negligent in causing traffic accidents or in causing damage (the period from the place within 100 meters long from the date to the new wall). The range of sentence compared with the recommended sentence: two months to one year.