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(영문) 전주지방법원 남원지원 2016.08.23 2016고단85
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 also a person who is engaged in driving a cargo vehicle.

On April 21, 2016, the Defendant driven the above cargo vehicle around 03:36, and proceeded at a speed of about 97km from the front line to the south of the E-style funeral hall located in the former North Korean-gun.

At the same time, there was a lot of night, and in such a case, there was a duty of care to prevent accidents in advance by reducing the speed and taking a well-being on the part of the driver of the vehicle.

Nevertheless, the Defendant neglected this and found the Defendant’s car line running in the opposite direction of the victim F, who was driven by the Defendant F, driving at a speed exceeding 49 km a speed of 49 km per hour, late behind the bicycle driven by the Defendant F, operated the Hand on the left side, but failed to avoid it, and the Defendant got the Defendant’s bicycle on the front side of the freight vehicle of the Defendant, and caused the victim to go beyond the ground floor after he was able to go up to the ground side.

Ultimately, the Defendant caused the victim to die by occupational negligence on April 29, 2016, in the previous North Korean University Hospital located in the 20-ro, Young-gu, Young-gu, Seoul Special Metropolitan City, which was under the follow-up treatment on the part of April 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A screen by conducting a fact-finding survey, on-site evidence and photographs of a traffic accident, and by cutting off a black stuff image;

1. A death certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

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 of the suspended execution [the scope of recommending punishment] of general traffic accidents in Article 62(1) of the Criminal Act (the scope of recommending punishment] are as follows: the victim is also at fault of causing traffic accidents or expanding damage.

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