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(영문) 전주지방법원 군산지원 2015.06.12 2015고단265
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 car in a car in a car in a car.

On March 3, 2015, the Defendant driven the above van on March 20, 2015, and led the intersection in front of 53 amamam of the Gunsan city along the two-lanes in the direction of the Gunsan Police Station, along the two-lanes.

Since there is an intersection with on-and-off signal, the driver of the vehicle has a duty of care to prevent accidents, such as safe driving according to road traffic conditions, by accurately manipulating the front and rear left while driving the vehicle.

Nevertheless, while the Defendant neglected this and went through the above intersection due to negligence, the Defendant did not discover the victim D (the age of 43) in the intersection due to the vehicle traffic while crossing the above intersection, and shocked the victim with the front part of the passenger car driven by the Defendant.

결국 피고인은 위와 같은 업무상 과실로 2015. 3. 4. 05:05경 전북 익산시 무왕로 895에 있는 원광대학교 의과대학병원 응급의료센터에서 위 피해자를 위 교통사고로 인한 외상성 쇽으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report, a traffic accident report, and a photograph of the accident site;

1. Application of the Acts and subordinate statutes to a photograph of a climatic CCTV distance and a climatic photo;

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 sentence [Scope of Recommendation] The area of mitigation (4-10 months) (including special mitigation) [including serious efforts to recover damage] in the area of mitigation (4-10 months), the area of punishment not (including the decision of sentence] in the instant accident, and the victim’s death caused by the instant accident.

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