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(영문) 전주지방법원 남원지원 2017.05.16 2017고단43

교통사고처리특례법위반(치사)

Text

The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

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

On February 8, 2017, the Defendant driven the said car at a speed of about 75.9 Km in speed from the front to the west of the temporary airfield at a speed of about 75.9 Km in speed.

At the time, a bicycle driven by the victim D(67 tax) is running on the front side of the defendant's running direction, so in such a case, the driver of the motor vehicle has a duty of care to properly see 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 duty of care to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and had a mobile phone level with a stronger mobile phone level.

The part under the right side of the vehicle was negligent in neglecting the duty of the front side of the vehicle on the front side by neglecting the duty of the front side, and the victim received the back part of the above bicycle as it is and got the damaged to go beyond the road.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as external shock, at the Emergency Treatment Center of the Kugwon University Hospital in 895, which was 17:52 of the same day after the same day, from the next king-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the investigation report on traffic accident and death certificate;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing] general traffic accident Type 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] is not subject to punishment (the decision of sentence] under the following circumstances, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.