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(영문) 전주지방법원 군산지원 2014.03.19 2013고단1587
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 car BS520.

On October 23, 2013, around 19:10, the Defendant driven the said car from the shooting distance in the Central Sports Park in the Egyptive East East East East-si, and driven the said car along the intersection in accordance with one lane between the 3-lane from the boundary of the Bank in the New Egyptive Foreign Exchange.

At the time, the location of the vehicle had a duty of care to drive the vehicle in accordance with the signals, as a person engaged in driving the vehicle in a private street intersection with signal lights installed.

Nevertheless, the Defendant neglected this and received the front part of the DKa Star Car driving by the victim C (the 60-year-old) under the straight line from the opposite side due to the negligence of left-hand turn, even though it was a straight signal.

In this shock, the Defendant died of the victim from the F Hospital located in Yasan-si E on November 3, 2013 at around 18:28 during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, evidence and photographs at the scene of an accident, and death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant should be held liable significantly for the occurrence of a serious consequence leading to the death of the victim due to an accident that occurred due to the Defendant’s secondary driving. However, considering the overall circumstances favorable to the defendant, such as where the defendant was committed by committing a crime, and his/her bereaved family members are in profoundly opposed to his/her mistake, and his/her bereaved family members have reached an agreement with the victim and their bereaved family members have not been punished, the decision of the suspension of the execution shall be

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