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(영문) 전주지방법원 남원지원 2015.05.12 2015고단35

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 18, 2014, the Defendant driven the above car at around 14:40, and proceeded along the three-lane road in front of the North Korean history road located in the order of the front North Korean territory, according to the order of the front North Korean territory, according to one-lane from the south-si, the south-si.

At the same time, on-and-off signal is an intersection in operation and the speed limit is 80 km speed, so in such a case, there was a duty of care to prevent accidents in advance by driving another vehicle with due care by checking the front, rear, and left by the driver of the vehicle well.

Nevertheless, the Defendant neglected this and went to the left from the right edge of the west-Eup at a speed of about 92 km by negligence, which led to the Defendant’s failure to turn to the left at the right edge of the west-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (53 years old).

Ultimately, the Defendant’s occupational negligence caused the death of the victim D with brain pressure caused by cerebrovascular transfusion at the Hansung Hospital located in 259, in the Gwangju Mine-ro, where the victim D was being treated for post-transmission around 06:50 on October 19, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A death certificate;

1. A traffic accident report or a traffic accident report (1) (2);

1. A comprehensive analysis of traffic accidents;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [decision of type] traffic crimes, general traffic accidents, and death or injury of traffic accidents (special sponsor): If the victim is negligent in causing traffic accidents or expanding damage, no penalty shall be imposed (general sponsor).