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(영문) 전주지방법원 2014.11.07 2014고단1398
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

The Defendant is a person who is engaged in driving a rocketing car.

At around 21:50 on July 15, 2014, the Defendant driven the said vehicle near the Samsung Bio-Research Institute, which was close to the gold-gu, Kim Jong-gu, Kim Jong-do, and led the Defendant to proceed from the direction of the gold-gu fishing village.

At the time, the victim D (the 45-year old) was crossing the road, so in such a case, the person engaged in driving service has a duty of care to check the safety of the course by checking well the right and the right of the front side.

Nevertheless, the Defendant, while driving, was negligent in operating the construction while driving and was negligent to cross the above victim to the port from the right side of the Defendant’s vehicle driving to the right side of the Defendant’s vehicle driving.

Ultimately, at around 01:09 of the following day, the Defendant caused the death of the victim due to the above occupational negligence at the E Hospital’s 01:09 brain cerebral cerebralopa, cerebral cerebralopa, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents, on-site evidence and photographs;

1. A death certificate;

1. Investigation reports (case concerning notification of results with respect to request for the speed analysis of traffic accidents), application of Acts and subordinate statutes to investigation reports (case of conflict process);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the victim has agreed with his/her bereaved family members, confession and reflects, the fact that the vehicle in this case was covered by the comprehensive motor vehicle insurance and that it is an initial offender

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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