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(영문) 전주지방법원 2018.05.01 2017고단2219
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 11, 2017, the Defendant driven a car at Crerecing, around 11:30 on September 11, 2017, and proceeded directly with the left right line and right line to the left, as the first line between the two-lanes in the area of “E Hospital” located in D in Jinsan-gu Seoul Metropolitan City at the time of the preceding week, from the area of “Yinbuk-gu square” to the area of “Korea-style Village.”

In such cases, a person engaged in driving duty has a duty of care to maintain the safety distance with a vehicle that is driven before the direction of the driving, and to drive the vehicle by checking the right and the right well.

Nevertheless, the Defendant did not discover the victim F (F) who crosses the road on the left side from the right side of the last direction of the mast-down vehicle without permission when the Defendant neglected such her duty of her prior-time driving, and did not discover the victim F (F) who crosses the road on the left side of the mast-down vehicle and got the victim to move to the front part of the left side of

Ultimately, the Defendant caused the above victim FF to suffer from pulmonary shock shocks caused by traffic accidents at the Seoul Svest Hospital around October 3, 2017, around 13:15, around the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (related to the investigation of a wooden vehicle and the attachment of scambling images of witness vehicles);

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 the selection of imprisonment without prison labor;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is a traffic accident that causes the death of the victim, but it does not reach an agreement with the bereaved family member until the time is reached.

However, the defendant's age is the fact that there is no particular criminal history for the defendant, that there is an aspect of giving the cause of the accident even to the victim crossing without permission, that the damage has been recovered through the insurance company, that the defendant deposited three million won for his/her bereaved family, and that the defendant has deposited it.

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