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(영문) 전주지방법원 정읍지원 2019.09.05 2019고단305

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On December 15, 2018, the Defendant driven the above vehicle at around 10:40 on December 15, 2018, and driven the 202.3 km in the direction of the astronomical Road in the New Sinsan-Eup, Chungcheongnam-do, Chungcheongnam-do.

In this case, the driver of the vehicle has a duty of care to drive the driver of the vehicle safely by driving the steering gear and operating the steering gear accurately.

Nevertheless, the Defendant neglected this and proceeded without properly putting the front door on the front door of the Defendant, and tried to see the following part of the C-A-Wurt-Wur-Wur-Wur-Wur-Wurk-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wed

Ultimately, the Defendant caused the death of the victim E (year 3) who is the passenger of the said son from the foregoing occupational negligence, due to the above occupational negligence, who was receiving medical treatment from the F University Hospital located in the Yansan-si, North Korea on December 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. A field map of the accident, a yellow survey report, and a photo of the accident site;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, which led to a serious consequence of the death of the victim.

However, there are circumstances for the defendant to take into account the situation of the accident after receiving a car that was stopped due to a preceding accident on an expressway, the defendant has agreed to pay a reasonable amount to the victim's bereaved families, and there is no power to specially punish the defendant.