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(영문) 전주지방법원 남원지원 2014.02.04 2014고단2
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crento car.

At around 10:30 on November 19, 2013, the Defendant proceeded with the roads prior to the amendment of the Si/Gu/Eup/Myeon, which is located in the Si/Gu/Eup/Myeon, from the boundary of the new distance.

At the time, the surface was sucked due to snow getting off, and snow was accumulated on the revised bridge, so the road was sleeped. In such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the steering gear and brakes in order to prevent accidents in advance by reducing speed and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected this and proceeds as it is.

On the other hand, the above car was caused by negligence that caused the snow of the car, so that the car was invaded by the central line, and the victim D(58 years old) driving that was under normal progress in the opposite direction.

Ultimately, around November 20, 2013, the Defendant caused the victim to die due to various growth donations at E Hospital around 08:51 on November 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report and a report on the occurrence of a traffic accident;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment: One to five years of imprisonment without prison labor for a month;

2. Scope of the sentence recommended according to the sentencing guidelines [type of crime] traffic crimes, general traffic accidents, and Type II (including special mitigation) (Death resulting from Traffic Accidents), punishment not (including serious efforts to recover damage) (decision of the scope of sentence] mitigated area (Article 4 or 10 months without prison labor);

3. Determination of sentence;

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