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(영문) 전주지방법원 정읍지원 2016.04.05 2015고단655

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 13, 2015, the Defendant driven the above cargo vehicle around 04:43, and proceeded with the two-lane roads in front of the E-lane D located in the west-gun, North Korea-do, North Korea-do, from the boundary of the direction to the boundary of the road.

At the time of night, there was a duty of care to make a person engaged in driving of a motor vehicle thoroughly and safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and was negligent on the part of the victim F (74) who was used on the road on the front line of the cargo vehicle of the Defendant, and received the part of the victim F (74) as the front line of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by cutting down two frameworks at the scene of the accident at around 05:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (related to confirmation of part of an injury inflicted on a person who suffers death);

1. Notification of a survey report on actual conditions and results of comprehensive traffic accident analysis;

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

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 the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] of the Act on the Suspension of Execution of Traffic Accidents in Article 62(1) [The grounds for sentencing are as follows: (a) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even to the victim; (b) the victim was not punished (the special mitigated person]; (c) the occurrence of the serious result of the death of the victim due to the instant traffic accident is disadvantageous to the Defendant; (d) the Defendant agreed with the bereaved family members; (e) the Defendant did not find the victim who was used on the road while driving a vehicle at night, and the instant traffic accident occurred due to the occurrence of the instant accident.