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(영문) 전주지방법원 2016.05.17 2016고단147
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 BM7 car.

On January 2, 2016, the Defendant, around 19:10, proceeded on a two-lane road in front of the Yongsan-do village in the new town of Jinju-gun, Jinju-gun, North Korea, in the speed of about 70km each hour from the direction of the Jeonju-si to the high-speed of the west-gun, Jeonju-gun.

At the time of night, there was a duty of care to reduce speed and to safely drive the right and the right and the right of the driver of a motor vehicle.

Nevertheless, the Defendant did not discover the victim C (60) who passed a way to the right from the left-hand side of the defendant's course by negligence while neglecting this, and received the victim as a part of the crime preceding the left-hand side of the said car and caused the victim to die due to cerebral le, etc. at the former North Korean University Hospital located in 20, Jinjin-gu, Seoul Special Metropolitan City around 20:20 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A traffic accident report, a traffic accident report, and an on-site photograph of the traffic accident site;

1. Investigation reports (related to the analysis of traffic accidents by the Road Traffic Authority);

1. Application of Acts and subordinate statutes to dead bodies;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following sentencing grounds) [the scope of recommendation] of the grounds for sentencing under Article 62(1) of the Criminal Act / [the scope of recommendation] of the Act on the Suspension of Execution (the occurrence of traffic accidents) / [the special mitigation factors] of the Act on the Special Mitigation of Traffic Accidents (the occurrence of traffic accidents between February and October) / Where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage (the negligence of the victim who illegally crossed from national highways at night) (the negligence of the victim who was unauthorized in national highways at night), the scope of sentence compared to the punishment unlimited amount of punishment and the recommended amount of sentence: February to October [the sentence]

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