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(영문) 전주지방법원 군산지원 2016.06.01 2016고단91
교통사고처리특례법위반등
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM5 car.

On January 16, 2016, the Defendant driven the said car at around 01:40, while driving the said car, and driving the three-lane road in front of the Frando E in North Korea, North Korea, in the middle of the electronic Ireland, along the one-lane distance from the middle of the electronic Ireland to the middle of the white road.

At night, the victim G(59) was crossing the above road without permission at night, and in such a case, there was a duty of care to avoid accidents by accurately manipulating the steering gear and operating the steering gear in advance.

Nevertheless, the defendant found the victim late by negligence that did not neglect the duty of the front week as above, and did so late, but did not avoid the situation and did not go beyond the ground after receiving the victim from the defendant's driver at the left side of the car.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the 895 Mine University Emergency Medical Center at the Mansan-ro, Yakdo, 02:46 on the same day and caused the victim’s death by external shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report, a survey report, and a photograph of an accident vehicle;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Article 62(1) of the Act on the Suspension of Execution (the scope of recommendation] No. 2 of the Act on the Punishment of Traffic Accidents (the person subject to special mitigation) [the person subject to special mitigation] [including efforts to recover damage] / The defendant's decision on the sentence] committed a serious result leading to the death of the victim while driving after drinking alcohol, and the defendant also did not commit gross negligence, such as drinking alcohol and driving. However, the main responsibility of the instant accident is to cross the victim without permission.

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