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(영문) 전주지방법원 2017.07.18 2017고단579
교통사고처리특례법위반(치사)
Text

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

On July 8, 2016, the Defendant driven the above vehicle at around 20:30, while driving the vehicle, 13 national highways, which had the Hara-do branch office in the Hara-do, the Hara-do branch office in the Hara-do, had the students of the branch office from the sewage room to the Hasan-do.

Since there are crosswalks and streets before passing through the branch, and national highways connected to agricultural roads, in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce speed by anticipated vehicles, etc. entering national highways from farming roads to national highways, and to prevent accidents in advance by driving a motor vehicle safely.

Nevertheless, the defendant neglected this and found it late by occupational negligence that passed through the branch office and directly as it is, and found that the victim D (88 tax) who entered the right side of the defendant's running direction from the road to the national highway from the fright side of the defendant's running direction to the national highway is next to the flap 100 Shob (a one-time launch) flab, which is the front side of the driver's seat of the above vehicle, and caused the flab to go down to the road by taking the back side of the left side of the flab.

Ultimately, around August 6, 2016, around 10:40 on August 6, 2016, the Defendant: (a) caused the victim’s death due to the marrying of cage at the Joseon University Hospital located in 365, in the Dong-gu Seoul Special Metropolitan City, by the foregoing occupational negligence; and (b) caused the death of the victim due to the de

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Investigation report (report on results of on-site investigation of traffic accidents);

1. A survey report on actual conditions;

1. An accident scene photograph;

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:

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