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(영문) 전주지방법원 정읍지원 2019.10.01 2019고단346
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 who is engaged in driving a Bran vehicle.

On July 2, 2019, the Defendant driven the above vehicle on July 2, 2019, and led 300 meters away from the intersection of the Janan-gun to the speed of about 71 to 80km from the side of the west-gun to the side of the west-gun Kim Jong-do.

At the time, it was difficult to keep the surrounding areas around the national highway at night, and there was a frequent passage of the vehicle, so in such a case, there was a duty of care to keep the accident from the failure of accident by viewing the boom and the right and the right and the right of the person engaged in the business of driving the motor vehicle and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead did not see the wheeler for pedestrian aids (one electric wheeler), which was towed by a light wheeler driven by C in the front of the Defendant, in the front of the Defendant, and instead received the rear part of the front wheeler as the front part of the Defendant’s vehicle, and led the victim D(W, 79 years old) who was on board the said electric wheeler to move on the road.

Ultimately, at around 21:10 on the same day, the Defendant caused the death of the victim due to an occupational negligence in the emergency room of the F Hospital in E.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site evidentiary photographs;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. In cases of traffic accidents, the scope of recommended punishment according to the sentencing guidelines shall be limited to the general traffic accidents [Type 2], the special mitigation area (one to two to one year without prison labor) of the death of traffic accidents: In cases where the victims are negligent in the occurrence of traffic accidents or the expansion of damage;

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