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(영문) 전주지방법원 남원지원 2018.11.27 2018고단200
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 car in CP.

On July 19, 2018, the Defendant driven the above-mentioned vehicle around 11:20, and proceeded along the intersection of the private distance D in front of the Southern City along the two-lanes of the two-lanes, using the door door door door from the front side of the city.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by doing so by making it possible to view the right and the right and the right at the intersection while entering the intersection.

Nevertheless, the defendant neglected to do so and led the victim E(90)'s bicycle driving on the right side by entering the above intersection from the left side of the direction of the defendant's running by the negligence, which led to a shocking part of the above amount's left side.

Accordingly, the Defendant caused the death of the victim due to the above occupational negligence from the medical center in North-do, North Korea, which was located in 365, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, at around 09:25, on July 20, 2018, to the part of brain side function due to the blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A death certificate;

1. A traffic accident report;

1. On-site photographs;

1. Application of the Acts and subordinate statutes governing the refluorcing of black stay images;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria [Types] General Traffic Accidents: Class 2 (Special Sentencing Death, etc.) (Special Sentencing Person): In the event that the victim was at considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [decision in the sphere of recommendation] Special Reduction Area (the scope of recommended punishment] from 2 months to 3 months without prison labor.

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