(영문) 전주지방법원 2017.05.16 2017고단216

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(영문) 전주지방법원 2017.05.16 2017고단216

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 of CPoter II freight vehicles.

On January 3, 2017, the Defendant driven the above cargo vehicle around 11:00, and proceeded at a speed of about 50km from the west Gun to the speed of KRW 50km from the west Gun by driving the above cargo vehicle at the speed of 11:00.

The location is the left-hand road, and at the same time, the victim F (77 tax) was getting on the right-hand side of the road in the same direction as the defendant, so there was a duty of care to safely drive the motor vehicle to prevent accidents by driving the motor vehicle in advance while keeping the situation well.

Nevertheless, the Defendant neglected this and found it late after the Defendant attempted to cross the road on the left-hand side, and received the front wheels part of the said bicycle with the top-hand part of the freight vehicle, and caused the victim to die by pressure between brain at a shipbuilding University Hospital located in 365 as of the same day around 17:40 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Evidence photographs from the accident scene;

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

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. The following circumstances are considered: (a) agreement is reached between the victim and the reason for sentencing under Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution; (b) the Defendant has no criminal record of the same type; (c) the Defendant has a criminal record of the same type; and (d) the occurrence of an accident involving the Defendant’s vehicle and the vehicle followed by the victim in the course of getting on and getting on a bicycle and trying to get on a way for him/herself, causing negligence to the victim; and (d) details and result of the instant accident, the Defendant’s age, occupation

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