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(영문) 전주지방법원 군산지원 2019.10.18 2019고단942

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 engaging in driving a rocketing car.

On June 23, 2019, the Defendant driven the above car on June 23, 2019, and driven the two-laned road in front D, which is located in the following city C, according to the first line from the center shooting distance.

At the time, since it is night and a road where a crosswalk is installed, there was a duty of care to prevent accidents and drive by accurately manipulating the operation and steering gear of the person engaged in driving service.

Nevertheless, the defendant neglected to leave the crosswalk as it is and proceeded with by the negligence of entering the crosswalk as it is, and the victim E (W, 50 years old) who was a left-hand side from the right-hand side of the defendant's vehicle through the above crosswalk, was shocked into the front part of the defendant's vehicle driving.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as a multi-life organ, etc. while receiving treatment from G Hospital located in the Y in the Hasan-si F on June 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site evidentiary photographs;

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

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of traffic accident (special person] - the mitigated element: the mitigated element [including serious efforts to recover damage] [the area of recommendation and recommendation range] mitigation area, imprisonment without prison labor for not less than 4 months and 1 years [the general person] mitigation element: purchase of comprehensive motor vehicle insurance and serious reflects [the grounds for suspension of execution].