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(영문) 전주지방법원 2015.12.22 2015고단1789
교통사고처리특례법위반
Text

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

However, 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 a Bchip car.

On July 20, 2015, the Defendant driven the said car at a speed of 08:00, and proceeded four lanes prior to the announcement of the previous week in order to 960-1, as in the order of the previous city at the time of the previous city at the time of the previous city, according to four lanes from the area of the two-lanes to the area of the Honam-do at the speed of about 40km at the speed of 0km.

In such a case, the driver of the motor vehicle has a duty of care to check whether there is a person driving the motor vehicle, and to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected this and went beyond the victim C (the age of 77) to the left-hand side from the right-hand side of the Defendant’s proceeding direction by negligence, which led to the Defendant’s failure to stand the crosswalk.

Ultimately, at around 11:40 on the same day, the Defendant caused the death of the victim due to multiple trauma damage from the hospital of the 20 North Korean University at the 20th North Korean University on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A traffic accident report (1) (2) (actual survey report), evidence-related photographs of the scene of the traffic accident, and a report on the occurrence of the traffic accident;

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 selection of

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents (Death Caused by Traffic Accidents) No. 2 (Special Mitigation) (Article 4-10) (Article 62) (Article 62-2) (Article 62-2) (Article 62 of the Criminal Act), the scope of sentence compared with the sentencing range (Article 62-2) and the recommended sentencing range: April to October (Article 4-10).

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