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(영문) 전주지방법원 남원지원 2016.12.13 2016고단191
교통사고처리특례법위반(치사)
Text

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

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 of C Freight.

On June 11, 2016, at around 00:56, the Defendant followed the two-lanes in front of the intersection of the Net Chang-gun, the Chungcheongnam-do, the Haak-si, the New Airport, by two-lanes in front of the two-lanes in front of the new intersection.

At the time of night, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left and right of the driver of the motor vehicle and accurately manipulating the brake and steering gear.

Nevertheless, the defendant neglected this and failed to discover the victim D (year 51) who was a bicycle in the lane where the defendant was running by negligence while neglecting it, and did not discover the victim D (year 51) and shock the above bicycle in front of the cargo vehicle of the defendant and got the victim over the cargo vehicle at the same time.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above, from the Net Chang Military Health and Medical Care Center, which was receiving a post-treatment treatment at around 01:36 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, an accident site photograph, and a photograph of the changeer;

1. Written requests for appraisal (written requests for assessment) and replys to requests for appraisal;

1. Application of Acts and subordinate statutes of a 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the range of recommending punishment] general traffic accidents in the range of mitigation (four to one year) (4 to one year) (special mitigation) in the area of mitigation (the occurrence of traffic accidents) of the victim where considerable negligence exists in the occurrence of traffic accidents or the expansion of damage (the decision of sentence] occurrence of the result that the victim is unable to observe due to the defendant's negligence, and the victim's bereaved family members want to

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