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(영문) 전주지방법원 2018.02.06 2017고단2177
교통사고처리특례법위반(치사)
Text

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

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

On September 24, 2017, the Defendant is a person who is engaged in the operation of Lone Star-gun, and around 05:30 on September 24, 2017, Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, Jinan-gun, the front road in front of the Jinan-gun, the front road in front of the Jinan-gun, is

At the time of accident, the road is one lane, and the inside is a pipe, so the driver of the vehicle has a duty of care to prevent accidents, such as avoiding drillings, if there is a prior vehicle by accurately manipulating the steering system, brake system, etc. before and after the day, the driver of the vehicle has a duty of care.

Nevertheless, the Defendant neglected this and led the Defendant to go beyond the road by taking back the back side of the horse driving by the victim D (78 S) driving ahead of the same direction as the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim on two occasions by these negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to dead bodies;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The fact that an agreement is made with the victim on the grounds of sentencing under Article 62(1) of the Criminal Act and Article 62-2 of the Order to Provide community service and attend lectures under Article 62-2 of the Criminal Act, and the vehicles are covered by comprehensive insurance; on the other hand, the Defendant caused a traffic accident by failing to perform his/her duty of due care while driving on the road with a pipe of the inside, causing the death of the victim; the Defendant was convicted by causing a traffic accident that the victim died even in the past; and the circumstances and result of the instant accident, and other various circumstances, including the Defendant’s age, occupation, and living environment

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