(영문) 전주지방법원 군산지원 2016.05.04 2016고단205

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2016.05.04 2016고단205

교통사고처리특례법위반

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 who is engaged in driving a Brane XG car.

On November 13, 2015, the Defendant driven the above car at around 11:35, and led the Defendant to proceed along one lane between the three-lanes in the direction of the intersection in the direction of the intersection from both intersections to the intersection in the direction of the intersection.

At the time, since a person engaged in driving of a motor vehicle is getting off at the time, he/she has a duty of care to safely drive a motor vehicle by operating the brake and steering gear as appropriate in the case of another motor vehicle in the front section of the road in which the speed is reduced, and whether there is another motor vehicle in the front section of the road.

Nevertheless, the Defendant neglected this and found the scooter that was driven by the victim C (80 older) who was driving at the two-lanes from the front side of the Defendant, and failed to properly operate the operation of the scooter at the front side of the said scooter due to the negligence that the Defendant neglected the scooter in front of the Defendant, and caused the victim to die of the scooter due to the 895 U.S. university and the transmission to the university hospital on November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report, a response to a request for appraisal, and an on-site photograph of an accident;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of deceased persons;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A [the scope of recommended punishment] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (Article 4-10) (Article 1-2) (Article 1-2) (Article 1-2)) (Article 1-2) (Article 1-2) (Article 1-2) (Article 1-2)) (Article 1-2) (Article 1

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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