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(영문) 전주지방법원 군산지원 2018.11.14 2018고단1132

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving a motor vehicle B with detached motor vehicles.

On May 2, 2018, the Defendant driven the above vehicle around 14:10 on May 2, 2018, and changed the two lanes near the D latter three-lane in Si of Gunsan to one-lane while driving the two lanes near the D latter three-lane in Si of Gunsan.

At the time, on the front side of the two-lanes, the Defendant was driving a Madd Victim E (49 tax) this FCA100 motor bicycle, and led to a shift of course into one-lane bypassing it from the entrance of the apartment construction site under this Part to the diving distance from the entrance of the third apartment site under this Part. In such a case, a person engaged in driving a motor vehicle had a duty of care to accurately operate the brake system and prevent accidents by accurately operating it.

Nevertheless, the Defendant neglected this and tried to overtake the said victim in an unreasonable manner without reducing the speed by negligence, and caused the victim to go beyond the floor by shocking the left side of the motor device bicycle on the front right side of the said motor vehicle.

As a result, the Defendant caused the victim to die due to the above occupational negligence on May 2, 2018, at the Dong military hospital located in the 149 village-ro, Yasan-si, Yasan-si on May 22, 2018, due to cerebral cerebrovassis, brain internal species, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, an accident site photograph, and a death diagnosis report;

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 the selection of imprisonment without prison labor;

1. The circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are divided and reflected in the suspended sentence.

The bereaved family members of the victim do not want to be punished by the defendant under the agreement with the bereaved family members.

The defendant's fault.