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(영문) 전주지방법원 2016.09.20 2016고단812
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 one year 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 CPoter II freight vehicles.

On May 24, 2016, the Defendant driven the above cargo vehicle around 20:35, and driven the two-lane road in front of the oil station E in Kim Jong-si, Kim Jong-si, at the speed of about 70km from the beginning side of the police station in the front city to the front city.

At the time, it was night and its location was a national highway with no street, and the surrounding area was in the state, so there was a duty of care to prevent accidents in advance by safely driving a motor vehicle driving in a safe way by looking at the front and right right and the right of the road.

Nevertheless, the Defendant neglected this and found two-lanes of the same direction as the Defendant, who driven a bicycle driving the same direction as the Defendant, to the front of the U.S. police early. The Defendant received the front part of the said bicycle from the front side of the said cargo vehicle and caused the victim's death by external shock, etc. at the Gannam University Hospital of the Republic of Korea, which is located in 20:50 the next day, from the front side of the said cargo vehicle and caused the victim's death by external shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on the scene of traffic accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment, Article 268 of the Criminal Act, and the choice 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 for the occurrence of traffic accidents or the expansion of damage to the victim (the victim's negligence on the road that kept a bicycle on the road because there is no street lamps at night). The scope of sentence compared with the recommended sentence under Article 62(1) of the Act on the Suspension of Execution: February to one year.

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