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(영문) 전주지방법원 남원지원 2019.07.16 2019고단89
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for one year 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 cargo vehicle B ton.

On April 3, 2019, at around 21:45, the Defendant proceeded one-lane road in front of the Jeonbuk-gun, Jeonbuk-gun, Seoul, at a speed of about 72 km in the direction of the direction of the direction of the direction of the road.

At the time, there is a plastic house, etc. in the vicinity of rural areas, and there is a lot of traffic of residents. Therefore, there was a duty of care to prevent accidents by thoroughly manipulating the steering system and brakes and accurately manipulating the steering system.

Nevertheless, the defendant neglected to perform his duty at the front time, and caused the victim D (at the age of 96) who was crossing the road from the right side of the defendant's running side to the left side, and caused the victim who was standing the road to the front part of the defendant's vehicle.

Ultimately, around April 3, 2019, at around 23:20, the Defendant caused the death of a victim who was receiving a follow-up treatment at a F Hospital located in the North Korea E in the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of the accident site;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Extent of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment [the scope of recommendation and recommendation] shall be limited to the mitigated factors of traffic accident death (the type 2].

3. Determination of sentence: Six months of imprisonment without prison labor, and one year of suspension of execution, taking into account the following circumstances, and the age, environment, and means of committing other crimes.

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