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(영문) 전주지방법원 2016.05.17 2016고단139

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 C Poter cargo vehicle.

On August 24, 2015, at around 22:41, the Defendant was running to the square of Ma-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

As a result, the Defendant caused an accident by occupational negligence, and caused the victim to die at a dry University Hospital located in the Seo-gu Daejeon on August 25, 2015 at around 02:18.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A traffic accident report, a traffic accident occurrence report, and on-site photographs;

1. One investigation report (Attachment to a CD copy of a video recording incident), and one CD copy of a video recording of a suspect driving vehicle;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order [the scope of recommended punishment] (4 months to October) reduction area (the person who is specially mitigated) (the person who is not subject to punishment): April to October (the sentence decision] - The circumstances unfavorable to the defendant: the occurrence of serious results (Death) and serious negligence (the defendant's negligence does not fall under the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, but the vehicle damaged by the opposite part of the distance intersection where a yellow on-and-off signal is marked off, even though the vehicle was driven in the opposite part of the traffic accident.