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(영문) 전주지방법원 2015.08.25 2015고단795
교통사고처리특례법위반
Text

Defendant 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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

At around 12:50 on March 4, 2015, the Defendant proceeded at a speed of about 40 km from the direction of the river, along one lane towards the direction of the Clin Clin-gun, the Clin-gun.

Since the place was a three-distance intersection where yellow dust is installed, there was a duty of care to take care of the traffic of the vehicle in the opposite direction to the driver of the vehicle and to safely operate the steering and steering system accurately and safely.

Nevertheless, the defendant neglected this and did not confirm the E-Poter vehicle operated by D coming from the opposite lane, and received the front portion of the said Poter vehicle as the front part of the car driven by the defendant due to occupational negligence.

Ultimately, the Defendant caused the victim F(75 years of age) who was accompanied by the above cargo vehicle due to the occupational negligence as above, to die at the Gandoe University Emergency Center of the Kando University, 895, in the Gando-si, the Gando-ro 895.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H and D;

1. A traffic accident report, a traffic accident report, and evidence and photographs of the scene of the traffic accident;

1. Report on internal accidents (related to shots);

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents), [Special Mitigation] mitigated area (Article 4-10 months) (Article 4-10 months): 4 months to 10 months (Article 62-2 of the Criminal Act) (Article 62-2) (Article 62-2) (Article 62-2 of the Order to Attend a lecture and the extent of comparison between punishment and recommended punishment: The occurrence of serious results

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