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(영문) 전주지방법원 군산지원 2018.01.31 2017고단1528

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above punishment shall be suspended for a period of 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 rocketing car.

On October 26, 2017, the Defendant driven the above car at around 20:15, and driven the two-lane road in front of the E real estate office located in Do in Isan-si, following a two-lane of the two-lane road from the shooting distance of the two-way motor vehicles to the walking distance.

At the time, the victim F(F, 79 years of age) was crossing the road on the left side of the defendant's vehicle, and in such a case, the driver was obliged to take a duty of care to safely drive the steering gear and brakes and prevent accidents by accurately manipulating the steering gear and brakes.

Nevertheless, the defendant got out of the left side of the car driving by the victim who was crossing the road due to the negligence that did not properly see the front side.

In the end, the Defendant caused the death of the victim in the 20:35 following the above occupational negligence at the medical school of the nuclear college and the emergency medical center of a university hospital of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power plant of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A corpse death certificate;

1. An investigation report - Application of the laws and regulations to the attachment of a black stuff photograph

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The ground for sentencing under Article 62-2 of the Social Service Order Act / [the case where there is considerable negligence in the occurrence of traffic accidents even to the victim (the victim of two months to one year) in the area of special mitigation (the victim of two months to one year), / [the person subject to special mitigation] / The result of the crime, such as the occurrence of the victim's death (the decision of sentence]. However, the defendant is in profoundly against the victim's mistake, and the victim's bereaved family