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(영문) 전주지방법원 2016.11.22 2016고단1385
교통사고처리특례법위반(치사)
Text

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

except that the execution of the above punishment shall be suspended for 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 vehicles C.

On June 16, 2016, the Defendant driven the above vehicle at around 22:10, and proceeds from the road in front of the oil station E, which is located in Seojin-gu Seoul Metropolitan City, in accordance with the two-lanes of the two-lanes in the direction of transmission from the direction of transmission to the intersection. At night at the time, the victim F (the age of 64) was driving on the electric scooters of the use of the pedestrian aid, so there was a duty of care to thoroughly and thoroughly prevent the accident by driving the vehicle and prevent the accident in advance.

Nevertheless, the Defendant did not discover the victim due to negligence that did not properly start the front city, and received the rear part of the electric scooter from the front part of the vehicle on the right side of the scoo in the scoo and got the above scooter to go beyond the road.

As a result, the Defendant suffered from the victim’s multiple trauma damage due to the foregoing occupational negligence, which led to the death of the Defendant, which was sent back to the hospital of the 20 former North Korean University on June 16, 2016, the 20th Jin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on a traffic accident, report on the occurrence of a traffic accident (Evidence No. 2);

1. A corpse of corpse;

1. Application of field photographs, electric scoo photographs, photofluor photographs of scooterss, photofluor images of vehicles, and the Acts and subordinate statutes on the deceased;

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 on the suspended sentence [the scope of recommendations] General Traffic Accidents in Type 2 (Death, etc. resulting from Traffic Accidents), the area where mitigation of punishment (4 to 1 year), the area where punishment is not imposed (special mitigation) and the scope of comparative sentencing between recommended sentences: April to 1 [Pronouncement Decision] - Circumstances unfavorable to the defendant: the victim's negligence.

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