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(영문) 전주지방법원 군산지원 2016.12.14 2016고단789
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 of CPoter II cargo vehicles.

On June 25, 2016, the Defendant driven the above cargo vehicle at around 11:08, and led to the flow of the three-lane road in front of the Hawcheon-si Congress, 1825, along with one lane, to the yellow light along the direction of the Hawcheon-si.

In such cases, all drivers of vehicles have a duty of care to prevent accidents in advance by safely driving, such as taking the front side and left side well, accurately operating the steering gear and brake system.

Nevertheless, the Defendant neglected this and found the victim D(the age of 82) who was going to go on a bicycle in the front bank by negligence while neglecting it and neglecting it, and operated the brake, but did not avoid it, and shocked the victim in front of the right side of the cargo vehicle driven by the Defendant.

Ultimately, at around 12:52, the Defendant caused the death of the victim from external shock shocks caused by the said traffic accident at the Ganwon University Hospital Emergency Medical Center, which was located in 895 in the Yansan-si, the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs and carcass photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 guidelines [Scope of Recommendation] General traffic accidents of Type II (Death caused by Traffic Accidents) and the area subject to special mitigation (two months to one year) (special mitigation) (special mitigation) where there are gross negligence on the occurrence of traffic accidents or expansion of damage to victims, no penalty shall be imposed (or agreement with the bereaved family members of the victim);

2. Determination of sentence: A sentence of imprisonment without prison labor for six months, the suspension of the execution of two years, disadvantageous circumstances such as the occurrence of a serious result leading to the death of the victim, and the defendant committed a crime.

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