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(영문) 전주지방법원 2014.07.11 2014고단837

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 of the final judgment.

Reasons

Punishment of the crime

On March 12, 2014, the Defendant driven Cbeer or a car on March 19, 2014, and proceeded two lanes in front of the Geum-gu Flue House in the gold-gu, Geum-gu, Kim Jong-do, the gold-gu, the gold-gu, the gold-gu, the gold-gu, the gold-gu, the Kim Jong-do, the speed of which is about 80km.

At the same time, it was difficult to reduce the length of the vehicle. In such a case, a person engaged in driving service has a duty of care to safely drive the vehicle while driving the vehicle in good faith.

Nevertheless, the Defendant neglected this and proceeded without reducing speed, and did not find out the victim D(72) which was used in the front direction of the course of the course and received the victim in front of the passenger car of the Defendant.

Accordingly, the Defendant caused the victim to die due to the second injury at the E Hospital around 20:35 of the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, on-site evidence and photographs of the traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes to the comprehensive results of traffic accident analysis, appraisal report, and appraisal report;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the full agreement with the bereaved family members of the victim, the fact that there is no record of criminal punishment exceeding the fine due to the same kind of crime, confession and reflects, the circumstances of the crime in this case, the family environment and economic conditions

1. Order to attend lectures under Article 62-2 of the Criminal Act;