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(영문) 전주지방법원 남원지원 2015.12.08 2015고단236

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for six 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

On August 18, 2015, at around 08:30 on August 18, 2015, the Defendant was engaged in driving of C4.5 tons truck truck truck truck trucks, and the Defendant was straightened in the direction of direction from the surface of the water at the entrance of a new village to the south.

At that time, the location was a three-distance intersection without signal lights, so in such cases, there was a duty of care to reduce the speed and prevent accidents in advance by well examining the right and the right of the driver.

Nevertheless, the defendant neglected to turn to the left at the right edge of the defendant's proceeding due to negligence, which led to the failure of the defendant to turn to the left at the right edge of the defendant's proceeding, received the back part of the victim D (the age of 82) E-wheeled E-mail, which was driven by the defendant's driver's vehicle.

Ultimately, around 12:50 on August 20, 2015 by occupational negligence, the Defendant caused the death of the victim with a multiple prolonged period of time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A death certificate;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the Road Traffic Authority's comprehensive analysis of traffic accidents;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [Determination of types] Traffic crimes, general traffic accidents, and Type II (Death, etc. of Traffic Accidents): Reduction elements: Reduction elements of punishment and non-taxation (general person): Subscription to the comprehensive motor vehicle insurance and no record of criminal punishment (recommended area and recommended sentence). From April to October of imprisonment without prison labor;

3. The fact that the crime of this case, which was determined to be sentenced, resulted in a serious consequence that is the death of the victim, is disadvantageous to the defendant.

However, the defendant.