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(영문) 전주지방법원 군산지원 2018.05.16 2018고단85

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for 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 B SP car.

On January 4, 2018, the Defendant driven the above car at around 07:20, and driven the two-lane road in front of the D in Si of Gunsan, which is located in Si of Gunsan, at a speed of about 60km per hour from the north of Si funeral distance, along the one-lane speed.

At the time, the passage of the front door due to the invasion, and the victim E (V, 74 years old) was the right side from the left side of the Defendant’s running direction, and thus, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded without examining the front room properly, and caused the victim to go beyond the floor due to the negligence of driving the front part of the car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., damage to the chest body from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the scene of the accident, report on the scene of the accident, photo on the scene of the accident, death certificate, report

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act [the scope of the recommended sentence] is the case where the victim was negligent in causing traffic accidents or expanding damage even for the victim (the victim of February to one year) in the area of special mitigation (the victim of a traffic accident) [the victim of February to one year]. In the event that the victim was negligent in causing traffic accidents

However, the fact that the defendant's mistake is divided and reflected, the victim's bereaved family members and the victim's bereaved family members are seen to have agreed smoothly, and the victim's bereaved family members are punished by the defendant.