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(영문) 전주지방법원 군산지원 2017.11.15 2017고단1017
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 B B Bbeta car.

On June 16, 2017, the Defendant driven the above car at around 07:55, and proceeded along the two-lanes in front of the shooting distance of D Hospital D Hospital C located in the Ilsan-si, Ilsan-si, according to the direction of the wind from the side of the new Glong church to the direction of the wind.

At the time, the Defendant attempted to make a right-hand turn from the shooting distance of the D Hospital to the following mountain basin. In such a case, the Defendant had a duty of care to reduce the speed to those engaged in driving vehicles and accurately operate the steering gear and brakes, and to prevent accidents by safely driving them.

Nevertheless, the Defendant neglected to operate the speed system and received telegraphs in front of the car at the front section of the car.

Ultimately, the Defendant caused the death of the victim E (63 years) who was on the top of the operation of the said car due to the above occupational negligence by the injury of the victim E, who was on the top of the operation of the said car, due to the external shock, etc. at the hospital of the nuclear college of the Republic of Korea located in the 895, Jindo-ro, 08:22

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Application of the Acts and subordinate statutes to death certificates of body, and photographs of dead bodies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing, etc. as follows) of the suspended sentence [the scope of recommending] general traffic accidents in the area of mitigation (4 to 1 year), the area of mitigation (including special mitigation) (4 to 1 year), the area of mitigation of punishment is not subject to punishment (including efforts taken seriously to recover damage);

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