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(영문) 전주지방법원 남원지원 2014.06.24 2014고단103
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a multilateral car.

On November 10, 2013, the Defendant driven the above car on the 19:25th day of November, 2013, and proceeded ahead of the network south village located in the Doo-ri, the Doo-gun, the Doo-do at the front direction.

At the time of night, there was a duty of care to safely drive a person engaged in driving service by checking well the front left.

Nevertheless, the defendant was negligent in driving the above road by discovering the victim C (the age of 81) who was walking on the right side of the defendant's front right side and operated the road rapidly. However, the defendant did not avoid the address, and received the victim from the front side of the passenger car of the defendant.

As a result, the Defendant caused the victim to die of the aforementioned occupational negligence through a parous shock shock from the E hospital located in Suwon-gu, Suwon-si, which was being treated after-the-counter on December 3, 2013, at around 21:47.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of 74 copies, such as records on the summary of entrance, discharge, and prescription, 74 copies, medical history records, records of early hospitalization, records of progress, certificates of medical records (G hospital), two copies of response to request for investigation cooperation (F hospital), and the Acts and subordinate statutes of the request for investigation cooperation;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

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

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Scope of the sentence recommended on the sentencing guidelines [type of crime] traffic crimes, general traffic accidents, and Type II (Death resulting from Traffic Accidents) (Special Mitigation)] penalty not (Determination of the scope of sentence] mitigated area (Articles 4 through 10);

3. The fact that the negligence of the defendant in the decision of sentencing results in the death of the victim is disadvantageous to the defendant.

However, the defendant is willing to commit the crime of this case.

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