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(영문) 전주지방법원 군산지원 2016.05.17 2016고단38
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 C1 ton cargo vehicles.

On December 6, 2015, the Defendant, at around 17:50, proceeded on the three-lanes in front of the wedding hall in the Sinsan-si, Sinsan-si, Gunnsan-si, along the two-lanes from the border funeral distance to the public playground, at about 48.1km each hour.

At the time, it is at night designated as a child protection zone, and there is a duty of care to prevent accidents by putting a speed on the driver while driving the driver and accurately operating the steering and steering system.

Nevertheless, the defendant neglected this and proceeds as it is on the left side of the way to the right side of the victim F, who crosses the road from the right side of the direction to the right side, was on the front side of the above cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at the pre-North University Hospital located in 20, Jinjin-gu, Seoul Special Metropolitan City on the 18th day of the same month, Jin-gu, Seoul Special Metropolitan City on the 18th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] is the case where the victim was negligent due to the occurrence of a traffic accident or the expansion of damage in the mitigated area (the person subject to special mitigation) (the person subject to special mitigation) (the decision of sentence]. One of the result of the damage (the decision of sentence is the first offender of the defendant, the fact that the victim was negligent in purchasing a comprehensive insurance, the victim was also sentenced to a suspended sentence for eight months within the recommended

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