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(영문) 전주지방법원 군산지원 2017.11.15 2017고단845
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 a KS7 car.

On June 2, 2017, the Defendant driven the above car at around 21:25, and led to the passage of the roads near C in Gunsan to the intersection of the airport from the Gunnsan to the intersection of the airport.

At the time of night, the driver had a duty of care to prevent traffic accidents in advance by accurately manipulating the front door and the left and right of the driver and accurately manipulating the brake system.

Nevertheless, the defendant neglected to do so and did not look at the front, and instead proceeded with the back part of the rocketing car of the D Driving as the front part for the defendant's k7 passenger cars, and due to the shock, the rocketing car of D Driving was transferred back to the center.

Ultimately, the Defendant caused the victim F (the 44 years of age), who was on the rocketing car of D driving due to the foregoing occupational negligence, to die from the 27 military medical center at the Gunsan Medical Center on September 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report on the actual traffic accident, and on-site photographs of the traffic accident;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (in relation to confirmation of the health status of victims);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) (4-1 year) [the person subject to special mitigation] punishment is not imposed (including efforts to recover damage), [the decision of sentence] serious results leading to the death of victims, and the defendant is mainly responsible for the accident of this case

However, the defendant's vehicle is covered by a comprehensive insurance.

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