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(영문) 전주지방법원 군산지원 2017.02.15 2016고단1348
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence 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 engaging in driving a car known to B.

On September 2, 2016, 19:10 on September 2, 2016, the Defendant runs from the bus stop to the right side of the bus stop on the right side by sunrise along a one-lane road in front of C, Gunsan-si.

At the time, the above location was night and road without street lights. In such a case, there was a duty of care to prevent accidents in advance by driving safely by accurately operating the steering boat and steering system.

Nevertheless, the Defendant failed to discover in advance the victim D (74) who was going on a bicycle in the same direction by negligence while neglecting this and driving the bicycle, and received it as the front part of the passenger car.

Ultimately, the Defendant caused the victim to die by occupational negligence at the F Hospital located in the Gunsan-si E on the same day due to cerebral blood, etc. at around 23:11.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (4 to 10 months) in the mitigated area (4 to 10 months), (including efforts to recover damage) in the mitigated area (including a special mitigated person), and a result (including a serious effort to recover damage), which led to the death of the victim, led to a serious result leading to the death of the victim, and the defendant is mainly responsible for the instant accident.

In this regard, the responsibility is unfortunate, but the vehicle driven by the defendant is covered by a comprehensive insurance, and the defendant does not want the punishment of the defendant by the consent of the victim's bereaved family members and the victim's first offender.

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