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(영문) 전주지방법원 2017.05.02 2017고단55
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 a driver's vehicle with B gallon.

On December 12, 2016, the Defendant driven the above car at around 06:40 on December 12, 2016, and proceeded with a speed of about 40 km from the morality side, where the road was set up at one-lane of the entrance of the former North Korean Forest Office C, in front of the entrance of the former North Korean Forest Office C.

At the time of night, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with the right and the right and the right of the front and the right.

Nevertheless, the Defendant neglected this and found the victim D (M, 62 years old) who was getting on a bicycle at the front direction of the defendant's running side by negligence, and received the rear part of the above bicycle with the front direction of the above car.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence, such as an excessive blood transfusion from the South Korean Medical Center of North Korea, which is located in the 365 South Korean Won-si, Chungcheongnam-do, Chungcheongnam-do, South Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

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. The following circumstances are taken into account: (a) agreement with the victim on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution under Article 62(1) of the Criminal Act is reached; (b) the vehicles are covered by comprehensive insurance; (c) the Defendant did not have any criminal record; and (d) the Defendant’s completion of the new wall with the new wall and the new wall leading up to an unfolding door, etc.; (b) the accident appears to have occurred in the event; and (c) the victim also has completed the new wall with the same church and completed the new wall with the victim, and the occurrence of an accident, such as the victim’s relationship with the victim, the Defendant’s age, occupation, and living environment, etc.

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