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(영문) 전주지방법원 2015.11.10 2015고단1467
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 a B car.

On July 23, 2015, the Defendant driven the said car on July 11:47, 2015, and driven the two-lane road in front of the 298 Jeonjin-gu Seoul Central Materials Center for the Dogwon Agricultural Co., Ltd., in order to drive the said car at a speed of about 30 km from the intersection to the white tunnel.

Since the place has a center line of yellow-ray, the defendant engaged in driving of the motor vehicle has a duty of care to thoroughly operate the front side and the left side side, and to prevent the accident in advance by safely operating the motor vehicle along that line.

Nevertheless, the Defendant neglected this and received the front part of the 125cc Marma motor bicycle driven by the victim C (the age of 68) who was straight from the opposite line due to negligence, which led to the left-hand turn, as the front part of the said vehicle.

At around 16:50 of the same day, the Defendant caused the victim to die due to the diversity damage at the Jeonjin-gu University Hospital located in 20, Jinjin-gu, Seoul Special Metropolitan City on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A traffic accident report, each photograph, and the report on the occurrence of a traffic accident;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 Accidents in Type 2 (Death, etc. of Traffic Accidents) (Special Mitigation) (Article 4-10) (Article 3(2) (proviso)) (Article 62-2 of the Criminal Act), the area of mitigation of traffic accidents (Article 3(2) (Article 3(2)) (Article 3 of the Specialized School Act) (Article 3(2)) (Article 3 of the Extraordinary School Act)

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