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(영문) 전주지방법원 군산지원 2017.11.15 2017고단1155
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for ten 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 second cargo vehicle in B.

On July 14, 2017, the Defendant driven the above cargo vehicle around 21:00, and proceeded with the front distance of the fifth apartment complex in the 1223 following the next king-ro, 1223, from the original selling distance to the back-distance private-distance teledeing.

Since there is a crosswalk in which a signal, etc. is installed, there was a duty of care to prevent accidents in advance by checking whether there is a person who gets involved in driving of a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant started to cross the above crosswalk on the right side from the left side by negligence while neglecting this, and continuously discovered the victim C (54) who was crossinged by the pedestrian signal after changing the pedestrian signal to the red, and received the victim of the freight lane of the Defendant driving.

Ultimately, the Defendant’s negligence on July 14, 2017 caused the death of the victim at an emergency medical center at the Kugwon University Hospital Hospital Hospital Hospital Hospital Hospital in 895, Godon-si, Mansan-si on July 14, 2017 due to the above occupational negligence, such as external shock.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The ground for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommended punishment] In the case where the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two months to one year), the victim is not subject to punishment (including efforts to recover damage), but the defendant committed a serious result leading up to the death of the victim.

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