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(영문) 전주지방법원 군산지원 2020.01.22 2019고단1393
교통사고처리특례법위반(치사)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2019, the Defendant was engaged in driving the BNAS car, and operated the said car on March 18, 2019, and led to the 424 public video media center private distance from the north-ro in the following city in the Yellow Sea.

At all times, there are cross-sections where signal lights are installed and non-protection line signs, so in such cases, there was a duty of care to prevent accidents in advance by checking whether there is a vehicle that is directly connected to the driver of the vehicle on the opposite road and safely preventing the accident.

Nevertheless, the defendant neglected this and received the front part of the victim C(24 years old)'s driving of the Dmotor bicycle, which was driven by the new line from the surface of the yellow water, to the front part of the car driven by the defendant, on the right side of the driver's car, which was driven by the victim C(24 years old).

Ultimately, around 12:56 March 26, 2019 due to the above occupational negligence, the Defendant caused the death of the victim in a medical care room outside of the F Hospital E in Yasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a fact-finding report, a death certificate, or an investigation report (related to the cause of the accident - photographs of the scene of the accident, CCTV adjacent to the scene of the accident, signal apparatus video CDs,

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. With respect to driving service involving the risk of potential loss of human life due to traffic accidents due to the sentencing reasons under Article 62-2 of the Criminal Act, all duties to comply with the Road Traffic Act and to prevent accidents from occurring;

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