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(영문) 전주지방법원 2020.04.24 2019고단1377
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 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 Class B truck.

On May 24, 2019, the Defendant driven the above vehicle around 11:00, and led to the flow of the water bridge located in the west-gun of the frontbuk-gun as the west-gun of the frontbuk-do as the 2-lane of the west-do.

The Defendant had a duty of care to prevent accidents by securing a safety distance with the victim and operating the steering and steering system accurately, inasmuch as the Defendant, prior to the same direction, was followed by the passenger C (the South and the age of 80) drive a light, and thus, the Defendant had a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and received the following parts of the above routing season as the front part of the car driving by the Defendant.

Ultimately, at around 11:56 on the same day, the Defendant caused the victim’s death due to multiple trauma damage from the pre-North Korean University Hospital, which was located in 20, Jinjin-gu, Seoul Special Self-Governing Province on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Report on the occurrence of a traffic accident;

1. Investigation report (Investigation of black boxes);

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to cut down a video;

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: October; and

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