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(영문) 전주지방법원 2017.05.23 2017고단175
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 Cbea cruise car.

On January 3, 2017, the Defendant driven the said car at around 22:34, and proceeded at about 50km in speed, depending on two lanes from the right edge to the right edge of the Jinbuk tunnel in front of the E in front of the front city D at the front city of the Jeon-gu.

At the time, the surrounding areas were kept at night, and there are crosswalks where no signal, etc. is installed on the front side of the place, so the driver of the vehicle had a duty of care to safely drive the vehicle while checking whether there is a pedestrian who sees the front side and the right and the right, and to build the crosswalk, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not look at the front side of the vehicle, and found it late later from the left side of the road in the direction of the defendant's proceeding to the right side, and received the victim from the front part of the vehicle and caused the victim to become the victim for the same month.

9. 11:28 Graduated pressure was caused by death.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Efaging on-site photographs and accident images;

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 reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that an agreement has been reached with the victim on the grounds of sentencing under Article 62-2 of the Criminal Act, and the vehicles are also covered by a comprehensive insurance. On the other hand, the Defendant was driving in the intersection where the Defendant entered a yellow on-and-off, etc., and the Defendant was not driving in the intersection, but caused the death by violating the duty of pedestrian protection upon the expiration of the crosswalk, the Defendant was punished for driving without a license or driving under the influence of alcohol in the past, and the background and result of the instant accident.

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