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(영문) 전주지방법원 정읍지원 2016.04.26 2016고단43
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight cars in sealed C.

On November 28, 2015, the Defendant driven the above cargo vehicle around 17:31, and proceeded with the two-lane road in front of the charging station E-do Kim Jong-do, Kim Jong-do, in front of the E-do Kim Jong-do, according to one-lane from the next to the Kim Jong-do.

In this case, there was a duty of care to prevent accidents by thoroughly operating a driver of a motor vehicle and accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected to do so and proceeded as it is, by negligence, received the part of the victim F (72 years old) who crosses the road to the right side from the left side of the cargo driving direction of the Defendant, from the left side of the cargo driving direction of the Defendant, as the front left side of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the nuclear college of the nuclear power plant located in 895 in the 18:56 following the same day by the external shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (related to securing ctvs for accident images), investigation report (related to roads on accident scene);

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of the relevant Acts and subordinate statutes to evidence on the scene of a traffic accident, photographic photographs;

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. Reasons for sentencing in Article 62-2 of the Criminal Code of the Order to Attend the lecture [the scope of the recommended sentence] The area of mitigation [the person who has been specially mitigated] [the person who has been specially mitigated] the area of punishment (including efforts to recover damage] [the decision of sentence] the traffic accident in this case caused by the defendant's negligence, which led to a serious result leading to the death of the victim, and if the defendant had thoroughly taken place at the front time, it seems that the victim could have been discovered to cross without permission.

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