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(영문) 전주지방법원 군산지원 2017.08.09 2017고단211
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving CA6 cars.

On December 9, 2016, the Defendant driven the above car on December 19:15, 2016, while driving the vehicle, and driving the road in front of the Non-Support Center located in the Non-Support Center in the Gunn-si, Gunn-si, Chungcheongnam-do, North Korea.

At the same time, since there are six-lane crossings, the driver had a duty of care that does not drive at a speed or in such a way as posing danger and obstacle to others by emphasizing the front side and the left side, accurately operating the steering system and brakes of the vehicle, and accurately operating the steering system and the steering system of the vehicle.

Nevertheless, the Defendant neglected this and neglected to turn on the direction, and neglected to turn on the direction from the five-lanes to the right direction, and led the victim F (25 years old) who opened the way in the direction of the non-competing center in the boundary of the new-land reservoir by using the crosswalk in accordance with the pedestrian signals to take the front door of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the severe brain injury in the workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A survey report on actual conditions;

1. On-site photographs, booms images to capture and investigation reports (scambling images);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The area of mitigation (4 months to 1 year) (the person who has been specially mitigated).

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