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(영문) 전주지방법원 2014.11.21 2014고단1575

교통사고처리특례법위반

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 engaging in driving a G Saturdays car.

On July 24, 2014, the Defendant: (a) driven the above vehicle at a speed of 11:47, and (b) made a left-hand turn to the left-hand turn at the Non-Protection Intersection 35, using a two-lane 35 degrees from the front road in front of the 35-Saeng-gu, Seoul Special Metropolitan City; (c) the Defendant used the front road in front of the 35-Saeng-gu, the right-hand left-hand turn. In such a case, a person engaged in driving a motor vehicle has a duty of care to take care of the front side and the right-hand side of the motor vehicle and to prevent the accident from spreading by accurately operating the steering direction and operation of the steering gear. Nevertheless, the Defendant neglected to do so and neglected to do so at the front part of the part of the I-wheeled vehicle driven by the victim H (Seoul and 50 years of age) who was directly driven by the straight signal from the front side of the motor vehicle operated by the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Jeonbuk University Hospital located in the Jeonbuk University on July 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents and on-site photographs;

1. Visual photographs;

1. A death certificate;

1. Investigation report (related to the verification of a video recording of a black box), black boxes, video CDs;

1. Application of Acts and subordinate statutes on the investigation report (related to the statement of a shote);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed smoothly with his/her bereaved family members, confession and reflection, the fact that he

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;