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(영문) 전주지방법원 군산지원 2018.10.10 2018고단884
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six 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 engaging in driving multi-user vehicles B.

On June 25, 2018, the Defendant came to proceed one-lane from the edge of the ecological bridge near the road in front of the ecological bridge, which is located as the Gunsan Urban Corporation, to the third-lane distance from the intersection of the East Asian apartment.

A driver has a duty of care to ensure safe operation by ascertaining whether a person is a person, and by accurately operating the steering and operating the steering system.

Nevertheless, the defendant's negligence of driving the vehicle by neglecting it, and thereby, the victim C (54 years old) who crosses the road from the right side of the vehicle driving direction to the left side of the defendant's vehicle was the front part of the defendant's vehicle.

Ultimately, the Defendant caused the death of the victim due to the prolonged damage, etc. from a military medical center located in 27 as a military medical center in the Gunsan-si, where the victim was under transmission treatment after around 22:56 of the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, and a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act is that the victim's negligence of the defendant for the reason of sentencing has caused serious damage to the victim.

However, there is a favorable circumstance that the defendant repents and reflects the defendant's wrong, that is the first offender who has no previous record, that the victim is crossing without permission, that the victim's accident occurred while crossing without permission, and that the bereaved family members do not want the punishment of the defendant by agreement with the bereaved family members.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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