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(영문) 전주지방법원 정읍지원 2014.06.24 2014고단190
교통사고처리특례법위반
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 a Cren car.

On April 7, 2014, the Defendant driven the said car at a speed of about 52 km from April 19, 2014, to drive the said car to the north-to-Eup in order to drive the Korean road in the north-to-Eup in order to drive at a speed of about 52 km in the direction of the north-to-North Myeon from the north-to-North Myeon.

At the time, the surrounding area was kept at night, and the restricted speed was not more than 40km as one-lane road in which the width of the accident site was narrow. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce speed and prevent accidents in advance by driving the motor vehicle thoroughly and safely.

Nevertheless, the Defendant found the victim D (the age of 52) who is driving ahead of the bicycle on the same lane due to negligence, which neglected the front line and proceeded beyond the restricted speed, and found the victim D (the age of 52) late later, and caused the victim to go beyond the rear wheels of the bicycle of the victim by shocking the front side of the said car.

The Defendant caused the death of the victim due to the above occupational negligence by causing the death of the victim with the symptoms of the external brain and the flachial surgery.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents and on-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the first offender, the fact that he/she has subscribed to a comprehensive insurance, and deposit ten million won for the victim);

1. Social service order under Article 62-2 of the Criminal Act;

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