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(영문) 전주지방법원 정읍지원 2018.01.25 2017고단430
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

On April 21, 2017, the Defendant was driving a Category II truck on April 11, 2017, and led to the driving of the Category II truck in proportion to the distance in front of the 764 Banm church in front of the east-gun, East-gun, East-gun, East-gun, North Korea, along with one lane from the distance from the front line to the front line of the same military community screen.

However, the location is a private-distance intersection with the speed of 2.7 meters in circulation north of the width of the 2.7 meters and a private-distance intersection with the length of expansion, which combines the village of the dong-dong and the village of the map screen in the dong-do, and there is a duty of care to drive safely after checking whether there is a vehicle passing through the intersection by reducing the speed and properly examining the direction and the right and the right of the driver.

Nevertheless, the Defendant neglected this and entered the intersection and received the front part of the horse loaded on the right side of the horse driving by D (78) as the front part of the truck.

Ultimately, the Defendant caused the death of the victim E (V, 75 years of age) who was on board the said horse with the foregoing occupational negligence, due to the damage of multiple trauma disorder at the former North Korean University Hospital located in the 20-ro, Seojin-gu, Seojin-gu, Jin-gu, Jin-gu, Seoul, which was receiving a post-treatment treatment on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. A death certificate;

1. Application of the Acts and subordinate statutes governing traffic accident analysis;

1. Relevant legal provisions concerning criminal facts and Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was negligent in neglecting his/her duty of care in the front direction and the defendant is not responsible for causing the death of the victim who is a passenger, and the conditions for sentencing unfavorable to the defendant, such as the fact that the defendant was committed at the time of and against the mistake of the defendant, and the defendant has agreed with the victim's bereaved family members.

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