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(영문) 전주지방법원 군산지원 2016.12.09 2016고단928
교통사고처리특례법위반(치사)
Text

Defendants shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a Cran vehicle, and Defendant B is a person who is engaged in driving of a D high-priced car.

Defendant

A, around 21:50 on April 21, 2016, the driver of the franchise and the front road in the Gun of Jeollabuk-do would proceed from the 3-lane to the education building distance of the city at a speed of about 60 km from the 1-lane to the 60km from the 3-lane to the education building distance, and Defendant B driven the said road at a speed of about 48 km from the 3-lane toward the education building distance to the 48-km from the 3-lane toward the 3-lane to the breadth of the coast.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and steering the steering gear, and safely in accordance with the new subparagraph.

Nevertheless, Defendant A neglected to drive a vehicle while driving the vehicle on the left side of Defendant A’s vehicle due to the negligence, and caused the victim G (the age of 58) to walk the road to the right side from the left side of Defendant A’s vehicle, and caused the victim to go beyond the two-lanes of the same road. Defendant B was negligent in neglecting the duty of Jeonju, and Defendant B went through the above-mentioned victim as a low-speed car driving by the Defendant.

In the end, the Defendants jointly caused the death of the victim due to the dives damage of the chest clothes from their place of duty by negligence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. The actual condition of traffic accidents;

1. Comprehensive traffic accident analysis report;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Defendants of relevant criminal facts: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 268 and 30 of the Criminal Act

1. Defendants who choose punishment: Imprisonment without prison labor;

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act.

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