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(영문) 전주지방법원 2016.07.12 2016고단401
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 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 vehicle with C highest mother.

On March 2, 2016, the Defendant driven the above car at around 05:50 on March 2, 2016, and proceeded at about 70 km each hour from the direction of the stadium square to the direction of the stadium shooting distance in front of the Esansan-gu Seoul Metropolitan City.

At the time, a person engaged in driving a motor vehicle had a duty of care to reduce the speed and to prevent accidents by driving the motor vehicle safely by safely driving the motor vehicle at night.

Nevertheless, the Defendant did not discover the Victim FF (21) who was going to the left-hand side from the right-hand side of the Defendant’s course without neglecting this, and received the victim from the victim in front of the left-hand side of the said car on the same day, and caused the victim to die due to the damage of multiple trauma in the previous North Korean University Hospital located in 20, Jinjin-gu, Seoul Special Metropolitan City around 06:19 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report, on-site photographs, and photographs of neighboring CCTV images;

1. Situation report;

1. Investigation report (related to oral statements made by shots);

1. Saturdays as a result of the comprehensive traffic accident analysis;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes governing nearby CCTV images CDs;

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 Criminal Act ( considered favorable to the defendant among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment] where there is considerable fault on the victim in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (the period from February to October) [the special mitigation person] under Article 62(2) of the Act on the Suspension of Execution (the scope of sentence compared to the recommended sentence: February to October [the decision of sentence].

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