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(영문) 전주지방법원 군산지원 2021.02.03 2020고단1746
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 was engaged in driving of the New Railroad Round, and driving around 18:25 on September 11, 2020, and led D elementary schools in the Gunsan City to drive approximately 37km from the direction of the cultural post office to the direction of the E high school in the direction of E high school.

At that time, the 74-year-old passenger cars driving by the victim F (MM5) entered the intersection in order to make the above intersection turn to the left at the cultural post office direction in H in the direction of H. As such, the Defendant, while driving, has a duty of care to enter the intersection by complying with the restricted speed and driving the above SM5 car, and making the right turn to the left.

Nevertheless, the Defendant neglected this and went directly into the intersection beyond the speed limit and was negligent in entering the intersection, and the part of the driver's seat of the above SM5 car was received as the front part of the left-hand side of the Defendant Gohap.

On September 12, 2020, the Defendant caused the victim to die due to such occupational negligence, such as multi-presidential long-term gambling, etc. at the J Hospital located in Sinsan-si I on September 12, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the scene of an accident, photograph of the scene of an accident, capture photographs of the lock fluor image of a household shield, death, response to a request for analysis of a traffic accident, response to a response to a request for inspection of an autopsy, and the application

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. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. With respect to driving service, the sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is ordinarily accompanied by the risk of potential damage to human life due to frequent traffic accidents, the road traffic laws shall be observed and the accident shall be prevented;

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