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(영문) 전주지방법원 2017.06.13 2016고단2439

교통사고처리특례법위반(치사)

Text

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

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 engaged in driving CEX car.

On October 8, 2016, the Defendant driven the above car at around 01:10, and driven the front-way road D in Ysan-gu Seoul Special Metropolitan City at the front of the hospital in accordance with the two-lane 46.5 kilometers each hour among the three-lanes from the shooting distance bank of the hospital at the front city at the front city. At the night, the Defendant had a duty of care to take care of the front bank and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent the accident in advance

Nevertheless, the Defendant did not discover the victim F (46) who crosses the road to the right side from the left side of the running direction of the said car by negligence while neglecting this, and did not discover the victim F (46) who crosses the road to the right side, and did so to the road by shocking the damaged by the front part of the said car.

Ultimately, the Defendant caused the victim to die by occupational negligence on October 23, 2016, in the previous North Korean University Hospital, which was located in 20, Jinjin-gu, Jinjin-gu, Jeondong-gu, Jeondong-gu, Jeondong-gu, Seoul, to have the victim died by cerebral cerebrovassis during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution and Order to Attend the community service order and Article 62-2 of the Criminal Act is agreed between the victim and the victim, and the accident in this case occurred when the victim was at night while crossing the road without permission. On the other hand, the accident site was the place where the victim was in the alley length and the victim was in the vicinity of the commercial building and the other pedestrian, and thus, the defendant could avoid the accident if the accident occurred or the result of the victim's death could be avoided.