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(영문) 전주지방법원 2016.11.15 2016고단1246
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 B Poter cargo vehicles.

On July 19, 2016, the Defendant driven the above cargo vehicle around 15:10, and proceeded at about 50km each hour from the southwest-si to the southwest-si, with the three-lane road in front of the D in the front city of the Northwest-gun, the Defendant driven at the speed of 50km each other, along two lanes from the southwest-si.

At the time, the victim E (n, 70 years of age) was placed on the right side from the left side of the defendant's moving direction, so the person engaged in the driving of motor vehicles had a duty of care to safely drive the road and prevent the accident.

Nevertheless, the Defendant neglected this and failed to find the victim due to the negligence of driving the cell phone, which was away from the floor of the driver's seat, without properly putting the front door in order to protect the Security Department, and received the victim as the front part of the cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the foregoing 16:10 on the same day by causing multiple trauma damage from the pre-North Korean University Hospital, which was located in 20 on the 16:10 on the same day, to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Reports on internal accidents (e.g., details of receipt of accidents);

1. A corpse of corpse;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death, etc. caused by Traffic Accidents), [Special Mitigations] and the scope of sentence comparison between punishment and recommended punishment: 4-1 year [Determination of sentence] - Normals unfavorable to the defendant: cellular phones away from the floor area of the Military Court (hereinafter, referred to as the “Special Mitigations”).

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