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(영문) 전주지방법원 군산지원 2016.12.20 2016고단1000

교통사고처리특례법위반(치사)

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

The defendant is a person who is engaged in driving a BUBE car.

At around 20:50 on July 23, 2016, the Defendant proceeded with the crosswalks in front of the Dukjin-gu, Seoul at the right speed from the direction of the front front of the Duk-gu, Seoul at the right speed.

At the same time, there is a duty of care to prevent accidents by accurately manipulating the front, left and right-hand conditions, such as temporary suspension in front of the crosswalk, and the steering gear in front of the crosswalk.

Nevertheless, the Defendant was negligent in neglecting this and driving along as it is, on the right side of the direction of the car of the Defendant in marina course, left side part of the bicycle left side of the victim E (the 57-year old) who loaded a bicycle onto the port of the crosswalk, and received the front side of the Defendant’s car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Jeonbuk-dong Hospital located in Geumnam-dong, Jeonju-si, which was under the treatment of back-to-date, on July 24, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Notification of results of comprehensive traffic accident analysis;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;