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(영문) 전주지방법원 2016.11.15 2016고단1271

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 who is engaged in driving a Cbea cruise car.

On July 8, 2016, the Defendant driven the said car at around 01:38, and proceeded at about 83.5 km each hour from the direction of the Gu to the direction of the Gu, along the three-lane road of the 488-lane, in the direction of the Gu.

At the same time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in the driving of a motor vehicle while living well on the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected this and tried to find out the victim D (the age of 45) who walked from the front line to the front line by negligence of the Defendant’s failure to keep the front line while driving the front line, and received the victim from the front line of the said car.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the injury to the two parts in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Each investigation report (integrated with the background of the death, the details of the death, etc.);

1. A comprehensive analysis of traffic accidents;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to field photographs and photographs of the deceased;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing under the following) (the scope of recommendations) general traffic accidents (the scope of recommendations) and the scope of comparative sentencing between the mitigation area (4 to 1 year) and the mitigation area (4 to 1 year): April 1 year [Pronouncement Decision] - Circumstances unfavorable to the defendant: The occurrence of the result of the death of the victim due to the negligence of the defendant - the circumstances favorable to the defendant.