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(영문) 전주지방법원 남원지원 2014.03.25 2013고단295
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

except that 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

The Defendant is a person engaged in driving C4.5 tons of car trucks.

On November 15, 2013, the Defendant driven the above cargo vehicle on November 21, 2013, and driven the two-lane road near the Madan-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, at a speed of about 60km each hour from the right edge to the right edge.

At the time, since it was at night, there was a duty of care to drive safely on the part of the person engaged in driving service thoroughly.

Nevertheless, the defendant neglected this and found the victim D (50 years old) who was walking along the vicinity of the center of the front bank of the defendant as late as possible, and did not avoid it, and received the victim in front of the left-hand side of the cargo vehicle of the defendant.

Ultimately, at around 23:10 on the same day, the Defendant caused the death of the victim at a F Hospital located in Gwangju Northern-gu, Gwangju, due to brain damage, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident occurrence report;

1. Application of Acts and subordinate statutes on a written autopsy;

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, and Article 268 of the Criminal Act.

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. The scope of sentence recommended according to the sentencing guidelines [type of crime] traffic crimes, general traffic accidents, and victim of Type II (Death resulting from Traffic Accidents) (Special Mitigation) is also negligent in causing traffic accidents or expanding damage (decision of the scope of sentence] mitigated area (Article 4 to October).

3. Determination of sentence: The fact that imprisonment without prison labor for eight months, the fact that it is against the suspension of execution for two years, that there is no record of punishment for the same kind of crime, that motor vehicle comprehensive insurance is subscribed, and that some amount of money is deposited for the bereaved family of the victim, etc.

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