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(영문) 전주지방법원 군산지원 2016.10.26 2016고단932
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for 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 a Bchip car.

On July 14, 2016, around 21:35, 2016, the Defendant continued to proceed directly from the side of Samsung T&T apartment, Samsung T&T to the border intersection distance from the two-lane.

At the time, since it is at night, there was a duty of care for those engaged in driving service to safely operate by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to drive the vehicle while driving the vehicle on the left side of the vehicle of Defendant D(65) to the right side of the vehicle of Defendant D(65).

Accordingly, the Defendant caused the victim to die by the foregoing occupational negligence at the Jeonnam University Hospital located in the 42-ro, Dong-gu, Gwangju Metropolitan City on July 15, 2016, due to the shock shock caused by traffic accidents.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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 (including the following favorable circumstances):

1. Sentencing (Scope of Recommendation) where there is substantial negligence on the occurrence of a traffic accident or the expansion of damage to a victim, even though the victim is in the area of special mitigation (two months to one year) (special mitigation) of the types of general traffic accidents (the scope of recommendation) and the scope of punishment (referring to agreements with bereaved family members and efforts to recover damage);

2. Determination of sentence: The incident of this case also occurs when the victim of the suspension of execution for six months, the disadvantage that the victim of the suspension of execution for one year, etc. dies, the defendant recognized the crime and repented the mistake, and the fault of the victim who crossed without permission.

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