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(영문) 전주지방법원 남원지원 2013.11.19 2013고단231
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 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 B AR car.

On September 19, 2013, the Defendant driven the said car on September 18:22, 2013, and driven the said car at an irregular speed in front of the household or the road located in the Net Chang-gun, Chang Chang-gun, Seoul, at the seat of zS (GS) at the convenience of the z. S (GS).

Since there is a cross-section and yellow yellow-off operation, there was a duty of care to prevent accidents in advance by reducing speed to a person engaged in driving of a motor vehicle, keeping the right and the right well, and safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim C (the 90-year-old) who passed the road on the right side of the front side of the passenger vehicle in the mast course by the negligence of driving the front side without looking at it well, left side, left side of the road, and operated it rapidly, but the Defendant did not avoid it, but did not go to the front side of the vehicle of the Defendant, and got the victim's bicycle going beyond the ground.

Ultimately, at around 05:45 on September 21, 2013, the Defendant caused the victim's death by occupational negligence, such as low blood shock, etc. at E hospital located in Namwon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

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. The scope of the sentence recommended according to the sentencing guidelines [criminal types] traffic crimes, general traffic accidents, Type 2 (Death resulting from Traffic Accidents) (including specially mitigated persons), penalty not (including serious efforts to recover damage) (decision of the scope of sentence).

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