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(영문) 전주지방법원 군산지원 2021.02.17 2020고단1868
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

Around 8:50 on August 19, 2020, the Defendant driven a B SP car and proceeded at the speed of approximately 44.3km from D to E at the speed of about 44.3km, the Defendant: (a) due to the negligence of the Defendant’s moving from the right side to E from the right side without operating the brake system accurately without putting the front left 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 right and the right and the right and the right and interest of the Defendant’s moving to E from the right side of the Defendant’s moving to the right side of the car.

Ultimately, the Defendant caused the victim to die of the above occupational negligence by using a malicious cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Space, and a severe cerebral cerebral cerebral Space.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to traffic accident analysis reports, reports on the occurrence of a traffic accident, traffic accident reports, evidence and photographs at the scene of the accident, and death certificate;

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 under Article 62-2 is nothing more than emphasizing on the duty of care to ensure that driving service involving the risk of potential damage to human life due to a flexible traffic accident is complying with road traffic laws and prevent accidents from occurring.

The traffic accident of this case occurred due to the defendant's negligence, which resulted in the result of the victim's death being sentenced to imprisonment without prison labor, and the defendant's depth reflects the crime, there was no criminal history exceeding the fine, and the victim's death.

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