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(영문) 전주지방법원 2020.06.10 2019고단1346
교통사고처리특례법위반(치사)
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 car in a SP area B.

On June 3, 2019, at around 20:40, the Defendant got to turn to the left the intersection of three-distance crossings at the entrance of Jeonju-gun, Jeonju-gun, at the D apartment room, from C-section.

Since there is a cross-section where signal lights are installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is able to properly see the front side and the right and the right of the motor vehicle in accordance with the new code.

Nevertheless, when the Defendant neglected this and neglected to turn to the left due to the negligence in violation of the signal, he received the front part of the victim E (the age of 62) driving the victim E (the age of 62) driving in accordance with the new code from the right-hand side of the Defendant’s right-hand side to the left-hand side of the Defendant’s car operation.

Ultimately, the Defendant caused the injury of multiple trauma by occupational negligence as seen above, thereby resulting in the death of the North Korean University Hospital located in 20, Jinjin-gu Seoul Special Metropolitan City on the same day at around 21:45 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. On-site investigation report, on-site photo, black stuffing, video-recordingd one copy, on-site investigation (signal system);

1. Application of Acts and subordinate statutes concerning autopsys;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2] Death in traffic accident [including special-sponsor]: Reduction factors of punishment (including serious efforts to recover damage): Reduction area and recommendation range], reduction area (the scope of recommendation area and recommendation type] reduction area, and four to one year (general-sponsor) reduction factors: Subscription to comprehensive motor vehicle insurance;

3. Determination of sentence: Taking a course of suspension of execution of two years and a compliance driving lecture in credit cooperatives for eight months;

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