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(영문) 전주지방법원 정읍지원 2020.04.14 2019고단595

교통사고처리특례법위반(치사)

Text

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

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

On October 21, 2019, at around 14:25, the Defendant driven a B B B Poter, and proceeded with a one-lane road near the entrance of a high Chang-gun Village at the C Myeon of Go Chang-gun to C Myeon of the village at the C Myeon of Go Chang-gun.

In such cases, a driver of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering and steering system, etc.

Nevertheless, the Defendant neglected this and failed to properly look at the distance from the road with the victim D (Nam, 79 years old) who is driving on the right side of the road on the front side of the road, and was negligent in not accurately operating the steering gear, and received the part of loading the steering gear on the front right side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as the cage of the cage cage at the F Hospital located in Go Chang-gun E on the same day and the left-hand cage.

Summary of Evidence

1. Defendant's legal statement;

1. 26 copies of a survey report on actual conditions and on-site photographs;

1. Investigation report (to take photographs at the site of the same time-accident);

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 execution of a sentence shall be suspended in consideration of the fact that the defendant was the first offender for the reason of sentencing under Article 62-2 of the Criminal Act, that the victim suffered pain due to the death of the victim due to the defendant's hand-on, and that the victim's bereaved families have agreed to pay a considerable amount of money.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.