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(영문) 전주지방법원 2017.07.18 2017고단776
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 who is engaged in driving a car in CP.

On March 22, 2017, the Defendant continued two long distances in Jinananan-gun, Jinan-gun, Jinan-gun, Jinan-gun on March 22, 2017, at approximately 60 km in Si/Gun, from her own face to her face-to-face, from her face-to-face her face.

At that time, the yellow on-and-off signal was operated on the front side, so in such a case, there was a duty of care to prevent accidents by reducing the speed to those engaged in driving business, and by accurately manipulating the front and rear right and the rear right and the right and the right and the right and the right and the right and the system of operation.

Nevertheless, the Defendant failed to fulfill such duty of care, thereby getting on the right side of the Defendant’s driving direction with the victim D (if so, 78 years of age) who was entering the above intersection without finding out the victim D (the 78 years of age), thereby causing damage to the victim’s diversified trauma due to the shock, and caused death at the North Korean University Hospital on the same day, around 21:25.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 considered: (a) agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution; (b) the Defendant has no previous conviction; and (c) details and result of the instant accident; and (d) the Defendant’s age, occupation, living environment, etc.

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