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(영문) 전주지방법원 2016.06.21 2016고단279
교통사고처리특례법위반
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 CKa car.

On February 16, 2016, the Defendant driven the above car at around 06:20, and proceeded at about 40km each hour from the south side to the south side of the two-lane road in the direction of Kim Jong-si, Kim Jong-si.

At the time, snow was stored on the side of the road, so there was a duty of care to prevent accidents in advance by safe driving by reducing speed and driving on the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected to do so and did not discover the victim F (54 years old) who walked to the same direction as that of the Defendant’s moving in the front of the said car and did not find out the victim F (54 years old) who walked to the same direction as the Defendant’s moving in the front of the said car, even though the front of the said car did not secure a proper view, and caused the victim to die by low blood pressure shock in the front of the said car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a traffic accident report, and evidence and photographs of the scene of the traffic accident;

1. Investigation report (as for the submission case of an accident vehicle booms and video CDs, and as for video recording images at the time of an accident, which are installed on the vehicle booms);

1. Application of Acts and subordinate statutes to death certificates;

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 the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable to the defendant among the reasons for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the following grounds for sentencing] (the scope of recommendation] under Article 2 of the Act on the Suspension of Execution (the period between February and October) of the Act on the Special Mitigation of Traffic Accidents [the victim] also has a substantial fault in causing traffic accidents or expanding damage, the sentence not to punish the victim and the recommended sentence.

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