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(영문) 전주지방법원 남원지원 2017.03.14 2016고단279
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for ten months.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 15, 2016, around 16:05, the Defendant was driving the said car set up at a one-lane road in front of the Defendant’s house located in Namwon-si C, Namwon-si, and came to start driving the said car to the direction of the south-si.

In front of the right side of a parked vehicle as above, the victim D (Woo, 62 years old) who was the mother of the defendant, was holding in the way to go, and thus, there was a duty of care to prevent the accident by taking into account the front side and the left side of the vehicle for the driver of the vehicle, and thus, the driver of the vehicle had a duty of care to prevent the accident.

Nevertheless, the defendant neglected this and neglected to find the above victim due to negligence, and started without discovering the victim, and the part of the bridge of the victim with the front wheels of the above passenger car was stationed.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the former North Korean University Hospital, which was located in 20, Jinjin-gu, Seoul Special Metropolitan City, where the transfer fee was 23:08 on November 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation conducted by a witness of an accident;

1. Application of Acts and subordinate statutes to a copy of a death certificate, such as a traffic accident report, on-site photograph;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] There is no person who has no basic area (from August to two years) (the person who is subject to special sentencing) [the sentence] [the decision of sentence] below, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime shall be determined by taking into account the following circumstances and other conditions of sentencing.

The victim is a victim due to the defendant's crime.

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