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(영문) 전주지방법원 2016.06.21 2016고단248
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 of a car with the land B.

On February 17, 2016, at around 18:40, the Defendant proceeded at a speed of about 40km from the west to the south side of the rock village, which is located in the 190-5 south of the west south of the Kim Jong-si.

At the time of night, the surrounding area was kept in the vicinity, and there was a village resident who has a village in the vicinity, so in such a case, the driver of the vehicle has a duty of care to reduce speed and prevent the accident by driving the vehicle in advance by driving the vehicle in a safe way by driving the vehicle at the front and right well.

Nevertheless, the Defendant neglected to do so and did not discover the victim C(A, 83 years old) to the right side from the left side of the running direction of the Defendant at the time when he proceeded as it was, but instead, received the victim from the front part of the said car and caused the victim to die by cerebral blood, etc. at the same place.

Summary of Evidence

1. Court statements made by the defendant in relation to 1 or D;

1. A traffic accident report, on-site investigation report, and evidence and photographs;

1. Application of Acts and subordinate statutes to death certificates;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following conditions favorable to the defendant among the reasons for sentencing) / [the scope of the recommended sentence / [2 months] general traffic accident mitigation area (4 to 10 months) / [the scope of the sentence that is compared with the recommended sentence] : April to October / [the sentence] - The occurrence of the result of the death of the victim due to the defendant's negligence - The normal occurrence of the victim's death favorable to the defendant - The above special mitigation person (the victim's bereaved family member is not subject to punishment), the comprehensive motor vehicle insurance policy, the fact that there is no record of criminal punishment, and other records that there are no records of criminal punishment.

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