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(영문) 전주지방법원 2018.08.07 2018고단598
교통사고처리특례법위반(치사)
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 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 Bone Star Co., Ltd.

On January 31, 2018, the Defendant driven the above van on the 20:10 on the 20:0 on the 20th day of January 31, 2018, and driven the road of one lane in front of the Seongbuk-gu Seongbuk Public Security Center, which is located in Kim Jong-si 88 Kim Jong-si, at the 46.3km of the city.

At the time of night, there was a duty of care to reduce speed to those engaged in driving service, to properly see the right and the right and the right, and to prevent accidents by accurately manipulating the steering and steering devices.

Nevertheless, as the Defendant neglected to perform the duty of an ex officio, the Defendant received the victim C (the 92-year old) who was standing on the road from the right side of the Defendant's proceeding to the left side due to his occupational negligence and caused the death from the seat to the late stop.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of actual condition investigation for reporting traffic accidents;

1. Reports on traffic accidents and dices;

1. A death certificate;

1. Application of the Acts and subordinate statutes upon request for traffic accident analysis;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] In the area of special mitigation (two months to one year) [the victim], where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim was not subject to punishment (including efforts to recover damage) [the decision of the sentence] where the victim's fault caused the result that the victim's death is the victim's death.

However, in consideration of the fact that the defendant has no record of crime exceeding the fine, that the victim's bereaved family members agree with the defendant, that the victim who crossed the road with clothes of the system with the autopsy at night seems to be partially responsible for the occurrence of the accident.

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