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(영문) 전주지방법원 군산지원 2018.08.08 2018고단226
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for six months.

Reasons

Punishment of the crime

The defendant is a person driving a CMW car.

On January 18, 2018, the Defendant driven the above car at around 18:28, and led to the roads of two lanes in front of the E store in the following cities: D, in the direction of the private distance in the north-west market, at the speed of the defendant, from the direction of the Hesan-si.

Since there is a place in which a crosswalk is installed, the defendant engaged in driving service has a duty of care to correct the steering gear and operation of the steering gear well by accurately operating the steering gear and the steering gear, so he has a duty of care to pay attention to pedestrians and safely drive it.

Nevertheless, the defendant neglected this and went beyond the floor by taking the victim F (77 years old) who walkes the crosswalk to the right side from the left side of the direction of the defendant's driving by negligence, which led to the defendant's failure to go beyond the floor.

Ultimately, around January 20, 2018, the Defendant caused the victim to die due to the above occupational negligence, such as a multi-presidential dives, etc., at the Donsan-si Hospital of 895 Won-do, Hasan-si around 14:35.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs at the scene of accidents, and death certificates;

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, the grounds for sentencing of imprisonment without prison labor [the scope of recommended punishment] [the grounds for sentencing of imprisonment without prison labor] [the judgment of sentencing] deposit KRW 30 million for the bereaved family members (the judgment of sentencing between August and two years), but the judgment of sentence was not made because it did not reach an agreement with the bereaved family members, but the sentence shall be sentenced without prison labor, and the punishment shall be determined as ordered by the order after exceeding the scope of the recommended punishment, in consideration of all the sentencing conditions such as the defendant

No statutory detention shall be made in order to give an opportunity for agreement.

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