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(영문) 전주지방법원 정읍지원 2019.06.18 2019고단154
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, 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 engaging in driving a rocketing GL car.

On January 2, 2019, the Defendant driven the said car on January 18:15, 2019, and led D's front road in the Si of Jeong-Eup to a speed of about 68 km (speed analysis of the Road Traffic Authority) in the direction E from the long-distance outflow of the gold-dong.

At the same time, it was difficult to take place at night, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the right and the right of the front, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the defendant did not discover the victim F (E.S. 84) who passed a bicycle on the front side of the passenger car driving by a marina without neglecting this, and did not find out the victim F (E.S. 84) who passed a bicycle on the front side of the vehicle driving by the bend part of the bicycle, and let the victim go beyond the road.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence, around January 2, 2019, by double damage (presumed) around 18:53.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report on the scene of the accident, a picture of the scene of the accident, etc.;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes upon request for traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of traffic accidents according to the sentencing guidelines shall be limited to the scope of recommendation and punishment, general traffic accidents [type 2] mitigation area, April through one year (the elements of mitigation of special-spons: Reduction of punishment) of imprisonment without prison labor for any traffic accident;

2. Determination of sentence resulted in a serious result of the death of the victim.

However, the defendant is running one lane without streetlight at night.

The preceding bicycle is concealed, and the bicycle is flick with headlights and safety lights.

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