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(영문) 전주지방법원 2013.11.06 2013고단1971
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of CNF stations or other taxies.

On June 9, 2013, at around 01:59, the Defendant driven the above taxi and proceeded at about 97 km each hour at the speed of 5 km in front of the two-lanes of the two-lanes in front of the Yansan-gu, Jeonju-si.

At the time of night, the gate length and the speed of restriction is 60 km a speed, so there was a duty of care to prevent accidents by complying with the speed limit and operating the steering system and operating the steering system accurately.

Nevertheless, the Defendant neglected this and did not find out the victim D(47 years of age) who crosses the road to port from the right side of the course to the port and did so beyond the road by shocking it to the front part of the taxi left side.

Ultimately, the Defendant caused the death of the victim D due to the above occupational negligence due to the cerebral injury to the external wound, and was aware of the injury of the victim E (the victim E (the victim 21 years old) and the victim F (the 15 years old), who is the passenger of the above taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. A traffic accident report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62(1) of the Criminal Code of the Suspension of Execution is the first offender, the fact that there was an agreement with the victim E and F, and the victim D’s bereaved family members did not reach an agreement, but efforts were made to recover damage.

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