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(영문) 전주지방법원 군산지원 2019.10.04 2019고단867

교통사고처리특례법위반(치사)

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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 this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a B car.

At around 08:50 on May 30, 2019, the Defendant continued the road of the first line D, the front line D, located in the Hasan-si C, Hasan-si, by straighting from the backside to the air-conditioning.

Since there was a victim E (the age of 67) who was on board a bicycle on the front side of the same room as the defendant, a person engaged in driving a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering gear and safely driving the steering gear.

Nevertheless, the Defendant neglected this and neglected to find a earphone while driving, and caused the victim who was riding a bicycle in the front section of the Defendant’s front section of the vehicle to go beyond the road.

Ultimately, the Defendant caused the victim's death by occupational negligence at the F Hospital Emergency Medical Center, which was under the follow-up treatment at around 09:13 on the same day, due to the external shock.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

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 selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution has resulted in a serious consequence of the death of the victim by hiding the bicycle prior to the wind that the defendant neglected to neglect the front time, but considering the fact that the defendant reflects the crime, the primary crime, the fact that the defendant does not want the punishment of the defendant by mutual consent with his/her bereaved family members, the vehicle of the defendant is covered by comprehensive insurance, the age, character and conduct, etc. of the defendant;