(영문) 전주지방법원 군산지원 2014.05.01 2014고단83

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(영문) 전주지방법원 군산지원 2014.05.01 2014고단83

교통사고처리특례법위반

Text

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

except that 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 of a fixed cargo vehicle C.

On January 22, 2014, around 14:37, the Defendant driven the above vehicle on the one-lane road in front of the “Yaeung Village” located in the amendment of the Si, Gun, and is proceeding from the boundary of the intersection of the head of the Gun to the face of the front side.

However, since access roads are installed on the right side in the front side of the road, and people or bicycles are highly likely to enter the road, so the defendant engaged in driving duty has a duty of care to reduce speed and safely operate the road.

Nevertheless, the Defendant neglected this and got the victim D (Nam, 91) who entered the road through a bicycle on the access road to the rooftop village due to negligence going through as they were, and got the victim to go beyond the ground.

Ultimately, due to the above occupational negligence, the Defendant caused the victim's death at the E Hospital located in the Gunsan-si, 19:50 on the same day, due to two dubs from the treatment therapy, and the dubs from the arbitral brain, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs, and 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 selection of

1. The sentence of imprisonment without prison labor is inevitable in light of the following facts: (a) the reason for the suspended sentence under Article 62(1) of the Criminal Act is an accident in which the victim died; and (b) the defendant has a past record of having been sentenced to the suspended sentence due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; (c) the defendant has divided his/her errors into several parts; (d) the defendant has agreed with the victim's bereaved family members; and (e) the victim's negligence in the occurrence of the accident has considerably contributed to the occurrence

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