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(영문) 전주지방법원 정읍지원 2016.04.19 2016고단33
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 a CM5 car.

On December 16, 2015, the Defendant driven the above car at regular intervals of 12:50 on December 16, 2015, and turned to the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right holder.

There are places where traffic control is not supported, and the surface was milched due to snow and rain down, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as checking whether there is a vehicle crossing by temporarily stopping before the speed is reduced or left turn.

Nevertheless, the defendant neglected to turn to the left as it is and did not discover the victim D's D's E-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

As a result, the Defendant caused the death of the victim due to the above occupational negligence from the Gansan Hospital of Jung-gu, Sin-si, 606-22, due to the 15:25 of the same day, where the victim was under the treatment for transmission after the day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death diagnosis certificate (D);

1. Application of each statute on 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 sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] In general traffic accidents, the following two types of reduction area (such as imprisonment without prison labor for April to October) [the person with special mitigation] punishment not (including efforts to recover damage] [the decision of sentence] Defendant intends to turn to the left at a three-distance distance where yellow flickerings, etc. are located.

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