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(영문) 전주지방법원 군산지원 2018.10.10 2018고단849
교통사고처리특례법위반(치사)
Text

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

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 also a person who is engaged in driving a C-car.

On June 22, 2018, the defendant driving the above car around 20:30, and driving the two-lane road in front of the opposite E in the followingsan City.

At night and at night, there was no signal signal signal at the front door, and the defendant was overtakened and returned to the front line. In such a case, the driver of the motor vehicle had a duty of care to prevent accidents in advance by accurately manipulating the steering direction and the brake system.

Nevertheless, the Defendant neglected this and found the Victim F (70) who was driving a bicycle on the left side of the bed road by negligence, without looking forward well, from the right side of the bed road to the left side of the bed road, and turned over the back part of the victim bicycle with the top part of the above car driven by the Defendant.

Ultimately, the Defendant caused the victim to die by occupational negligence at an emergency hospital of the nuclear power college, which is located in 895, in the Yari-si, the aftermathic treatment of which was conducted on June 22, 2018, by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident - On-site photographs, black stuffs video CDs, body autopsy records, and the application of statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] of the Criminal Act [the grounds for sentencing in Article 62-2] The area of mitigation (4 months to 1 year) [the person who has been specially mitigated] is not subject to punishment (the decision of sentence], and the defendant is divided by mistake and against it.

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