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(영문) 전주지방법원 2016.09.20 2016고단813
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 a period of two years 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 C carren car.

On May 6, 2016, the Defendant driven the above car at around 09:17, and proceeded at about 80km in speed from the south side of the west to the intersection of the west at the south side of the Kim Jong-si, along the two-lane road in front of the west south of the west at Kim Jong-si.

At the time of the defendant's driving direction, the victim D(76 tax) operated the electric vehicle for the disabled with the intention of changing the lane into one lane, and thus, the driver of the motor vehicle had a duty of care to reduce the speed and to prevent the accident in advance by driving the motor vehicle in a safe way by driving the motor vehicle with the front side and right side.

Nevertheless, the Defendant neglected to do so and caused the victim to be in excess of the road surface by taking the rear part of the electric vehicle for the disabled in front of the right-hand part of the said vehicle, and caused the victim to be in excess of the road surface on the same day by the negligence, which led to the death by external shock, etc. at the original optical University Hospital located in 895, Godonsan-si, 11:14 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. An investigation report (related to securing shots and images of the accident, related to attaching images of the accident, and related to speed limit at the scene of the accident);

1. Notification of results of the comprehensive traffic accident analysis;

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] General Traffic Accidents Type 2 (Death, etc. by Traffic Accidents) (4-1 year) [Special Mitigation Persons] The scope of sentence comparison between punishment and recommendation: April-1 year [the sentence] - Circumstances unfavorable to the defendant: the defendant's negligence.

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