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(영문) 전주지방법원 군산지원 2021.01.13 2020고단1606
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for eight 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

On September 14, 2020, the Defendant was engaged in driving of the KS5 car, and was driving the said car around September 20, 2020, and led to the road of the first-lane c in the vicinity of the following city, to the Kim Jong-do.

A person engaged in driving of a motor vehicle has a duty of care to live well in the front and left, and to safely drive the steering gear and brakes in an accurate manner to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and went on to the right side of the victim E (the remaining, the age of 86) who was coming from the front side of the defendant who was fright at the above K5 boarding.

Ultimately, the Defendant caused the death of the victim by occupational negligence, such as external shocks on the same day while he/she was sent to the F Hospital and received treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident actual investigation report, an accident scene photograph, death certificate (E), and a traffic accident analysis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. The sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is nothing more than emphasizing on the duty of care to ensure that drivers are obliged to observe road traffic laws and to prevent accidents from occurring on a regular basis due to the risk of potential damage to human life due to a flexible traffic accident.

The traffic accident of this case occurred due to Defendant's negligence, which resulted in the result of the victim's death. It is punishable by imprisonment without prison labor. The Defendant reflects the crime in depth, there was no criminal record other than two times of fines, and there was a smooth agreement with the victim's bereaved family members.

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