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(영문) 전주지방법원 정읍지원 2016.06.21 2016고단157
교통사고처리특례법위반
Text

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

However, the execution of the above punishment 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 C5 tons of cargo vehicles.

On March 5, 2016, the Defendant driven an above cargo vehicle on March 11, 201:05, and led the front of the road D located in the west-gun of North Korea to the direction from the inside side of the road.

Since there is a limited speed of 60 km per hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating a brake accurately.

Nevertheless, the Defendant neglected to do so and caused the speed exceeding 36 km per hour, and brought the left-hand part of the Victim F (83 Do) driving G 100 cc, which entered the road from the right-hand side of the Defendant’s running direction, to the left-hand side of the said cargo vehicle.

Ultimately, around March 5, 2016, around 11:52 on March 5, 2016, the Defendant caused the death of the victim by diversating the diversative frame, and diversing the two in the emergency room of a beneficiary hospital located in the area of the Ordinance of the Ministry of Strategy and Finance of the father-gun, North Korea-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a death certificate;

1. Notification of results of the comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes governing field evidence photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of the community service and order to attend a lecture [the scope of recommended punishment] mitigated area (the person who has been specially mitigated from April to October) (including efforts to recover damage) of the mitigated area (the person who has been specially mitigated from his/her imprisonment without labor] [the decision of sentencing] of the traffic accident in this case caused by the Defendant’s negligence and the occurrence of the serious result leading to the death of the victim. The location of the accident in this case is the one-lane straight line, and there was no obstacle to the driver’s view at the time. Thus, the Defendant’s compliance with the speed of limitation and thoroughly takes place.

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