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(영문) 전주지방법원 남원지원 2017.10.24 2017고단187
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

except that the sentence shall be imposed for a period of one year from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

On July 10, 2017, the Defendant driven the above car on July 10, 2017, and proceeded with the first road in front of the Dom Dom D in the village room in the village in which it is located at the east of the East-do.

At this point, it is a sudden stop road, which is the road, and the road has been set up on the right side, so there was a duty of care to prevent accidents by safely driving the vehicle driving by making it possible to live well on the right side and the right and the right on the road and the right and the right and the right on the road.

Nevertheless, the Defendant neglected to perform his duty at the front direction by neglecting his duty at the front direction, and led to the left engine part of the victim E(75) driving which entered the above road that the Defendant was going to go to by bypassing from the upper right side of the front direction of the Defendant’s running direction to the front direction of the Defendant’s driving.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence at G hospitals located in Yansan-si F in the Yansi-si of the Jeonsi-si of the Seoul Special Metropolitan City on July 10, 2017, resulting in the death of the victim due to the brain side.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photographs, photographs of a changeer, and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] general traffic accident Type 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] who is not subject to punishment (the decision of sentence] below, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, shall be determined by taking into account the following circumstances

- Unfavorable circumstances - The instant accident.

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