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(영문) 전주지방법원 정읍지원 2016.12.15 2016고단487

교통사고처리특례법위반(치사)

Text

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

except that 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 Crane car.

On August 29, 2016, the Defendant driven the said car at a speed of about 76.2 km in speed from the west Eup to the west of the 1766 km road near the west of the west-gun in the letter letter letter in the west-gun of the Jeonbuk-gun.

Since there is a place where pedestrians pass frequently as a road near the village with a speed of 40 km a speed limit, there was a duty of care to prevent accidents in advance by complying with the speed limit and accurately manipulating the steering and brakes while living well on the right and the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected his duty of Jeonju City, and did not discover the victim D(78) who crosses the road to the right side from the left side of the progress direction due to the negligence of the defendant's failure to perform his duty of Jeonju City and the speed limit exceeding 36.2 km per hour, and did not discover the victim D(78) who crosses the road to the right side from the left side of the driving direction of the motor vehicle.

Ultimately, at around 22:58 of the same day, the Defendant caused the death of the victim due to an external shock shock caused by multiple diversities, etc. while receiving treatment at the hospital of the original university located in 895 in the Handonsan-si, North Korea on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Notification of results of the comprehensive traffic accident analysis;

1. A death certificate;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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 (disputent circumstances, such as the violation of statutes, the fact that the victim's bereaved family members and the bereaved family members agree smoothly, and the first offender, etc.);