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(영문) 전주지방법원 2017.11.28 2017고단1765
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Dunsta vehicle.

On August 28, 2017, the Defendant driven the above car at a speed of 05:30 on August 28, 2017, and led to a two-lane road in front of a middle school, located in the mountain-ro 2 in the Yansan-gu Seoul Special Metropolitan City of Jeonju, to a speed of about 67 km in speed from the front intersection to the front intersection.

In such cases, the driver has a duty of care to take the front and right and the right and the right and the right and the right and the duty of care to prevent accidents in advance by accurately manipulating the steering gear.

Nevertheless, the Defendant neglected such duty of care and proceeded directly with it, and caused the victim to go beyond the road by shocking the body of the victim E (the age of 80) who crosses the crosswalk on the right side from the left side of the defendant's running direction to the right side of the crosswalk to the front part of the left side of the said car.

Ultimately, the Defendant caused the victim’s death by occupational negligence on August 28, 2017 at G hospital located in the B of the Y-gu Seoul Special Metropolitan City on the basis of low-blood shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to death certificates;

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. The following circumstances are considered: (a) agreement is reached between the victim and the victim on the grounds of sentencing Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution; (b) the Defendant has no criminal record of a traffic accident; (c) the Defendant was negligent in disregarding the traffic signal on the new wall that led to the victim and crossing the road; and (d) details and result of the instant accident; and (c) the Defendant’s age, occupation, living environment, etc.

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