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(영문) 전주지방법원 군산지원 2016.01.15 2015고단1109
교통사고처리특례법위반
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 of a D-port cargo vehicle.

On October 7, 2015, the Defendant driven the above cargo vehicle around 22:10, and led to the left-hand turn at a speed of about 30 km from the intersection of the original university to the right-hand turn at the speed of about 30 km per hour, depending on one lane from the intersection of the original university to the intersection of the original university.

Since there is a blind distance in which traffic signals, etc. are installed, there was a duty of care to drive safely in accordance with the signals by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected this and received the front part of the FOE (59) from the victim E (59) who was on the right side of the said cargo due to the negligence of left-hand turn from the straight line of the vehicle.

Ultimately, the Defendant suffered injury to trauma organs and blood transfusions due to the foregoing occupational negligence, thereby causing the death of the victim from a low-blood shock in the hospital outside the hospital outside the hospital outside the hospital outside the hospital outside the hospital outside the hospital outside the hospital outside the hospital outside the hospital outside the hospital at around 14:45, the next day of October 8, 2015, which was located in the hospital outside the hospital outside the hospital outside the hospital in the middle of the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a report on the actual condition survey, a field photograph, a black boom, a photograph of the victim, etc.;

1. A witness (12 report);

1. A report on investigation and a witness shower CD;

1. Application of Acts and subordinate statutes of a 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service [the scope of recommended punishment] The mitigated area (4 months to 10 months) (including special mitigated persons) [including efforts to recover damage] mitigated areas (including special mitigated persons] [the decision of sentence] Defendant’s negligence in violation of the signal signal committed by the victim.

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