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(영문) 전주지방법원 남원지원 2014.10.14 2014고단179

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2014, at around 08:50 on May 6, 2014, the Defendant, who is engaged in driving of a rocketing car, went into one lane in the direction of the government agency three-lane in the direction of the net creative distance, from the direction of the office three-lane in the order of the office, and entered the left lane.

At the same time, there was a new lane for left-hand turn, and the victim D(74 years old) driving was in progress in the same direction as the previous one. In such a case, a person engaged in driving duty has a duty of care to look at the front side well and to prevent accidents by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and went to the left side of the said vehicle while driving on the left side of the said vehicle, and went beyond the above Oralb, on the left side of the said vehicle.

At around 17:15 on May 7, 2014, the Defendant caused the death of the victim D with brain pressure due to cerebral blood by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident report or a traffic accident report (1) (2);

1. Photographs;

1. Application of Acts and subordinate statutes to medical certificates and copies of death certificates;

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 selection of

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of types), traffic crimes, general traffic accidents, and Type 2 (Death, etc. resulting from Traffic Accidents) mitigated elements: The area of reduction of punishment (the scope of recommending punishment): April through October of a credit cooperative;

2. Determination of sentence results in the death of the victim due to the instant crime, and the nature of the crime is heavy;

However, the defendant recognized his mistake and reflected his mistake.