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(영문) 전주지방법원 2019.02.12 2018고단1964
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of the B-Wood vehicle volume.

On July 11, 2018, the Defendant driven the above car volume on July 11, 2018, and proceeded at approximately 91km from the west to the west-gun, Seoul along the three-lane road in front of the D-do in front of the west-gun, North Korea, along the two-lanes from the west-gun to the west-gun.

Since there is a crosssection where signal lights are installed, there was a duty of care to prevent accidents by accurately manipulating the steering area and the right and the right and the right and the right and the right of the driver and accurately manipulating the steering direction and the brake system.

Nevertheless, the defendant neglected this and caused the victim to go beyond the floor by receiving the back part of the left side of the motor bicycle without a license plate driven by the victim E (E, 30 years old) who stops for the signal waiting at the front direction of the defendant's proceeding.

Ultimately, at around 13:02 on July 12, 2018, the Defendant caused the death of the victim in the G Hospital emergency room located in Young-gu Seoul Metropolitan Government F due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] General Traffic Accident (Death by Traffic Accidents) (Type 2 (Class 4-1) (Special Mitigation) (Article 4-1) (including serious efforts to recover damage), punishment not (including a sentence decision] (Article 62-2) (Article 62-2) (Article 62-2) (Article 62-2) (Article 62 (3) of the Act, which causes traffic accidents by neglecting the duty

Provided, That the sentence shall be imposed as per the order in consideration of the fact that the victim has agreed smoothly with the bereaved family members and that there is no record of the same crime.

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