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(영문) 전주지방법원 정읍지원 2015.12.08 2015고단536
교통사고처리특례법위반
Text

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

except that 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 a person who is engaged in driving a horse.

On July 22, 2015, the Defendant driven a horse at around 13:15 on July 22, 2015, and led to the left turn to the right from the eth of the eth of the eth of the intersection in front of the Sigsan Village located at the eth of Sigri-ri.

At this point, there was a three-distance intersection where traffic signal is not installed, so there was a duty of care to safely drive the driver of the horse with the duty of care to make the driver of the horse safe by looking at the right and the right.

Nevertheless, the Defendant neglected this and neglected to turn to the left as it was, caused the victim to go to the right from the left-hand side of the Defendant’s light-way driving direction D 100CC 100, which was proceeding to the right-hand side of the Defendant’s light-way driving direction, and went to the front-hand wheels of the Defendant’s light-way driving.

After all, the Defendant caused the death of the victim due to serious cerebral injury at the F Hospital located in E in the same city around 21:20 the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. Reports on internal investigation (on-site investigation), reports on internal investigation (the statement of the driver of a horse) and reports on internal investigation (the state of residual driving of sewage and sand and collecting blood);

1. A death certificate (C);

1. Application of Acts and subordinate statutes to field photographs and motion picture photographs;

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. A traffic accident that resulted in the defendant's reason for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the defendant among the reasons for sentencing following the suspended sentence) results in the death of the victim, and the fact that there is no agreement with the victim's bereaved family members, etc. that is unfavorable to the defendant, or that the defendant is dead at the time of committing the instant crime and is in profoundly against the defendant, and the instant vehicle is mandatory insurance.

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