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(영문) 전주지방법원 2016.04.19 2016고단59
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 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 car in the C SP area.

On December 1, 2015, the Defendant driven the above car at around 18:20 on December 1, 2015, and driven the front parking lot for the Young Apartment at the Seo-gu, Seogsan-gu, Seocho-gu, Seogdong at Jeonju, to 4 Dong-gu, Chang Chang apartment at the top of the front, and made the left turn to 1 Dong Chang Chang apartment at the left.

In this case, as a driver of a motor vehicle, he had a duty of care to properly see the front side and the left side and the left side and accurately manipulate the steering direction and brake system, to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and got the victim D (the age of 71) who was gleeped in the bend before the bend, due to the negligence that led to the left-hand turn, and got the victim D (the age of 71) to go beyond the front part of the driver's seat of the said car.

After all, the Defendant caused the death of the victim at the F Hospital located in Yansan-gu, Yansan-si, Seoul, on December 9, 2015 due to the above occupational negligence, at around 03:46.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Investigation report (verification of video recording devices and video recording devices), video images;

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 the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act to attend a lecture [the scope of the recommended sentence] General traffic accident [the grounds for sentencing under Article 62-2 of the Order to Attend a lecture] / [the grounds for sentencing from April to October] mitigation area (the person subject to special mitigation] : April to October : the sentencing range : April 10 [the sentencing decision] - the occurrence of serious results (Death), the same previous conviction (one time of death): The circumstances favorable to the defendant - The above special mitigation person, the relief measures after the accident (119 declaration), the comprehensive motor vehicle insurance policy, the serious reflects, and the suspension of execution.

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