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(영문) 전주지방법원 군산지원 2020.02.14 2019고단1540
교통사고처리특례법위반(치사)
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 vehicle B at low price.

On September 25, 2019, at around 03:17, the Defendant driven the said three-lanes in front of the D store located in the Si of Gunsan, and continued to drive the said three-lanes at the speed of about 50 km in the direction of the outer high distance, depending on two-lanes in the direction of the shot (YY) of the outer high distance.

Since a crosswalk is installed at a front door, there was a duty of care to prevent accidents by checking the front door and the left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the front-down city and the brake system, and caused the victim E (the age of 66) who was standing the above crosswalk to the front-down of the car.

Ultimately, at around 03:18 of the same day, the Defendant caused the death of the victim due to multiple prolonged damage at the above place due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

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 selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the general traffic accident [Type 2] the death of a traffic accident [special person] - the mitigated element of mitigation: [including serious efforts to recover damage] [the scope of the recommended area and the recommended sentence] mitigation area, imprisonment without prison labor for not less than four months and one year [the general person] mitigation element: Subscription to the comprehensive motor vehicle insurance and serious half of the sentence [the grounds for suspension of execution] major pride - The grounds for general pride are not punishable - The grounds for general pride are clear of social relationship, serious reflections, no longer criminal records of suspension of execution or more.

3. Determination of sentence: Eight months;

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