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(영문) 전주지방법원 정읍지원 2018.04.10 2017고단510
교통사고처리특례법위반(치사)
Text

The punishment of the accused shall be determined by the imprisonment without prison labor for six months.

except that the above sentence shall be executed 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 of a cargo vehicle B and C.

On September 30, 2017, the Defendant driven the above cargo vehicle around 16:50 on September 30, 2017, and led to the left-hand turn to the right-hand village from the right-hand side to the right-hand village.

At the same time, there was no traffic control as an intersection without a signal, so there was a duty of care to operate safely by reducing the speed and operating the steering and brakes accurately while living well on the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and went to the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the F Hospital E located in North Chang Chang-gun, North Korea, around 17:36 of 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- a report on actual condition investigation;

1. A death certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4-1 year from April to one year), [the person specially mitigated] who was not subject to punishment (including efforts to recover damage] [the decision of sentence] victim's death.

However, there is an agreement with the bereaved family members, and there is some negligence on the occurrence of an accident and the expansion of damage to the victim, and there is no history of punishment against the defendant.

The age, occupation, and occupation of the defendant.

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