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(영문) 전주지방법원 남원지원 2013.09.24 2013고단174

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 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 car by borrowing B.

On July 21, 2013, the Defendant driven the said car on July 21, 2013, while driving the said car at a speed of about 50km at a speed of about 50km from the offside of the adjacent golf driving range to the erode of a 88-lane narrow bridge located in the gular grown-ri, Chungcheongnam-si, Namwon-si.

At night, it was difficult at the time to view the road at night, and there was a 80-year-old road under the bridge on the front side of the moving direction of the Defendant vehicle, so the Defendant engaged in driving service has a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering gear and brakes while driving the victim's winter.

Nevertheless, the Defendant neglected this and got the victim to the part of the driver’s seat in front of the driver’s seat of the Defendant driving vehicle by negligence.

Around July 9, 2013, the Defendant caused the victim's death by occupational negligence in D Hospital located in Namwon-si around 22:40 on July 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment: One to five years of imprisonment without prison labor for a month;

2. Scope of the sentence recommended according to the sentencing guidelines [type of crime] traffic crimes, general traffic accidents, and Type II (including special mitigation) (Death resulting from Traffic Accidents), punishment not (including serious efforts to recover damage) (decision of the scope of sentence] mitigated area (Article 4 or 10 months without prison labor);

3. Determination of sentence: 8 months of imprisonment without prison labor and one year of suspended execution; and