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(영문) 전주지방법원 2016.09.06 2016고단616
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 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 C Dae CA110 Oba.

On March 29, 2016, the Defendant driven the above Oralba on March 29, 2016, and proceeded with the three-lane roads in the front direction D in Seojin-gu Seoul Special Metropolitan City along three-lanes, and changed the lanes into two-lanes.

At the time, the surrounding area was set up at night, and the victim F of the Marina (the age of 71) was the right side from the left side of the defendant's running direction, so there was a duty of care to prevent accidents in advance by driving the person engaged in driving the motor vehicle safely by safely driving the motor vehicle while keeping the front side and the left side.

Nevertheless, the Defendant neglected this and caused the death of the victim by taking advantage of the front part of the above Otoba in order to keep the left-hand sader in order to change his course, and caused the victim to die by pressure, etc. at the pre-North Korean University Hospital located in the 22:25 Jeonjin-gu Seoul Special Metropolitan City on the 20th day of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report;

1. A death certificate;

1. The police seizure record and the list of seizure;

1. A CD in neighboring CCTV images;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting an offense, 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, and selection of

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accident Punishment (Death Caused by Traffic Accidents) (Type 2 (Class 4-1 year) (Special Mitigation) and scope of sentence comparison between punishment and recommended punishment: April-1 year [Pronouncement Decision] - The occurrence of serious results (Death): The circumstances favorable to the defendant - The above special mitigation factors (the victim's bereaved family members are not subject to punishment).

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