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(영문) 전주지방법원 군산지원 2014.03.19 2013고단1631
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 one year 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 C observer car.

At around 19:20 on November 13, 2013, the Defendant proceeded at a speed of about 50km per hour, depending on the two-lanes in the direction of the opposite to the opposite to the opposite to the opposite to the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the mountain.

At the time, since it is difficult to turn off the light of a motor vehicle at night, and thus, a person engaged in driving service has a duty of care to prevent accidents due to safe operation by reducing the speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to perform the above duty of care and found the victim D (in this case, 79 years old) who was crossing the road from the left side of the Defendant’s running on the right side of the road to be right side of the Defendant’s running on the left side, and failed to reach the 79 years old system, and thereby, the Defendant became a victim at the top of the left side of the said car.

Ultimately, the Defendant caused the victim's death by occupational negligence by causing the victim to suffer from a low-blood shock, a large-scale shock, etc. in the aftermath class.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (on-site survey report and accident site map), on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that there is a condition for sentencing unfavorable to the defendant, such as the occurrence of serious damage to the victim's death due to the defendant's secondary driving. However, there is a circumstance to consider the circumstance of the accident that occurred while the victim illegally crossings the road at night.

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