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(영문) 전주지방법원 2016.12.06 2016고단1502
교통사고처리특례법위반(치사)
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 DM5 car.

On August 4, 2016, the Defendant driven the said car at around 07:00 and proceeds from the intersections in front of the Jeonju elementary school located in the front city in the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city to the speed of 46.3 km each hour among the two-lanes of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city of the front city.

Nevertheless, the defendant did not discover the victim E(the age of 89)'s bicycles driving from the right side of the running direction of the above SM5 car to the left side and did not discover the bicycle for the victim E(the age of 89) driving to cross-rout in the red new line due to the negligence of neglecting the front side of the car, and had the victim go beyond the road.

Ultimately, around August 4, 2016, the Defendant caused the victim to die by the occupational negligence as seen above, due to the multiple trauma damage during treatment at the 20-North Korean University Hospital, Seo-gu Seoul Special Metropolitan City, Seodong-gu, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, and a report on a traffic accident (Evidence List 2);

1. The actual investigation report on traffic accidents (the No. 13 of the evidence list);

1. Reporting on investigation (related to violations of bicycle signal);

1. An intersection:

1. A comprehensive analysis statement of traffic accidents (No. 13 of the evidence list);

1. A written entrustment and a written diagnosis;

1. A report on internal investigation (related to photographs by the head of an accident, images, and caps);

1. Application of the Acts and subordinate statutes to the scene of a traffic accident (Evidence List No. 3);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Code (the following sentencing grounds) (the scope of recommendation) of the Act on the Suspension of Execution (the grounds for sentencing) (the grounds for sentencing) (the scope of recommendation) (the special mitigation area (the death of traffic accidents), types 2 (the period between February and one year).

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