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(영문) 전주지방법원 2016.05.10 2016고단105
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 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 driving a B car rental car.

On December 17, 2015, the Defendant proceeded with the road C in the Gank-gun of North Korea from the lower side to the lower side of the road on December 17, 2015.

The location was installed with the center line of yellow solid lines at the center of the road, and some sections of the previous snow melting in the previous snow, so a person engaged in driving a motor vehicle has a duty of care to operate the steering gear and brakes accurately while driving the steering gear and brakes by checking the status of the surface.

Nevertheless, the defendant neglected to do so and found that the driver car of the victim D(53) driving is left the opposite lane, and the driver's vehicle of the victim D(53) driving was removed from the opposite lane, and the driver's vehicle of the victim D and the above vehicle of the victim who was on the left side of the driver's vehicle of the defendant's driver's vehicle while the driver's vehicle was faced with the median line due to the d' and the driver's vehicle of the defendant's driver's vehicle.

E (72) was shocked to 72) and turned down to the floor.

The Defendant caused the above occupational negligence to cause the victim D to die with pressure on brain, and caused the victim E to die with pressure on brain, and suffered the victim E’s scambling with approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs on the scene of the accident;

1. A criminal investigation report (road and accident circumstances at the site of accident);

1. A death certificate;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing cream records and video records of damaged vehicles;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be imposed on the defendant for the following reasons.

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