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(영문) 전주지방법원 2017.05.16 2017고단242
교통사고처리특례법위반(치사)
Text

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

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 of Cone Star Co., Ltd.

On January 10, 2017, the Defendant driven the above van on the top of 04:25, and proceeded at the speed of about 60km from the distance of the stadium to the parallel of arms at the front of the E-lane D located in Chungcheongnam-gu Seoul Metropolitan City.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with the right and the right and the right of the front and the right.

Nevertheless, the Defendant neglected this and found the victim F (25 years old) of the victim F (25 years old) who dried the road on the right side from the left side of the running direction of the Defendant at the time, and caused the victim's death at the former North Korean University Hospital located in the 20th Jin-gu Seoul Metropolitan City on the same day by taking the victim as the front part of the said knife, and caused the victim to die due to multiple trauma damage, etc. at the former North Korean University Hospital located in the 20th century.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to dead bodies;

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. The reason for sentencing under Article 62(1)2 of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act was agreed with the injured party on the ground of sentencing under Article 62-2 of the Criminal Act, and the vehicles are covered by comprehensive insurance; the Defendant does not have any previous conviction; the victim was crossing the road on the new wall that led to the wintering of the victim; and the instant accident was caused by the Defendant’s failure to discover the injured party due to the light of the vehicle driven on the opposite road at the time of the accident; and other circumstances such as the Defendant’s age, occupation, living environment, etc. are considered.

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