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(영문) 전주지방법원 군산지원 2017.06.14 2017고단507
교통사고처리특례법위반(치사)
Text

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

However, the execution of the above punishment 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 engaged in driving C-Scar cars.

On April 16, 2017, the defendant, at the center of the Gunsan-si, had the intersection in front of the opening church 119, which is located in the center of the Gunsan-si, go to the left-hand turn from the shooting distance to the opening of the opening church.

Since a crosswalk is installed, in such a case, there was a duty of care to check whether a person engaged in driving service gets on the way to see the right and the right of the road well, and to accurately manipulate the brake system so as to prevent the traffic accident in advance.

Nevertheless, when the defendant neglected this and proceeded without examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the way to the right and the right and the road along the crosswalks are taken from the left side of the car driving of the defendant, and the victim D(72 years old) was taken as the front part of the vehicle driving of the defendant, and caused the victim's death by the tension with the tension.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (vehicle booms investigation);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) [4 months to October] mitigated area (including special mitigated persons] Punishment Non-Punishment (including efforts to recover damage), a serious result leading to the victim's death] caused a serious result leading to the victim's death. The defendant is mainly responsible for the instant accident.

In this regard, there is no responsibility, but the vehicle driven by the defendant is covered by a comprehensive insurance, and the defendant does not want the punishment of the defendant by mutual consent with the bereaved family members of the victim.

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