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(영문) 전주지방법원 군산지원 2018.01.31 2017고단1587
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 motor vehicle B.

On November 8, 2017, the Defendant driven the above car at around 06:20, and proceeded along the two lanes in front of the D Mart, which are located in the Si of Gunsan, with the two lanes in front of the D Mart in the Si of Gunsan, according to one-lane from the right side of the mountain.

At the time, at night and a crosswalk was installed at the front door, so there was a duty of care to prevent accidents in advance by checking whether there is a person driving a motor vehicle by reducing the speed and by checking well the right and the right of the road.

Nevertheless, the Defendant neglected this and led the Defendant’s vehicle driving direction to the right side from the left side of the Defendant’s vehicle driving direction, and led the victim E (the age of 91) who dried the crosswalk to the right side of the Defendant’s vehicle driving direction.

In the end, the Defendant caused the death of the victim due to the above occupational negligence, such as the cutting of a cage cage cage at its immediately site, the cutting of cages, and brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A yellow dust survey report (including a map), a site photograph of an accident, and a photograph by capturing CCTV images;

1. Application of Acts and subordinate statutes to dead bodies;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) (4-1 year) [the person subject to special mitigation] punishment is not imposed (including efforts to recover damage), [the decision of sentence] serious results leading to the death of victims, and the defendant is mainly responsible for the accident of this case

However, the defendant's vehicle is covered by a comprehensive insurance, and the defendant is his/her bereaved family member.

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