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(영문) 전주지방법원 군산지원 2015.04.29 2015고단133
교통사고처리특례법위반
Text

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

except that the execution of the above punishment shall be suspended for 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 C observer car.

On December 18:35, 2014, the Defendant driven the above car and continued to drive the three-lane road in front of the Agricultural Cooperative Federation in the NAsan City, Do along the two-lane distance from the Gunsan-si.

At the time of night, in such a case, a person engaged in driving business has a duty of care to safely operate the steering gear and steering the steering gear by accurately operating the steering gear.

Nevertheless, the Defendant neglected this and found the victim D (the age of 36) who was crossing the crosswalk installed in the front line by negligence while driving the crosswalk as it is, but did not avoid it, and did not shock the victim, with the front right side of the said car.

Ultimately, the Defendant caused the death of the above victim by his occupational negligence at the Dongsan General Hospital located in the 149 Chosan-ro, Sinsan-si, Sinsan-si around 20:07 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A death certificate;

1. Application of each statute on photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (contributably consideration, such as the fact that he commits an error, the fact that there is no record of crime exceeding the fine, and the fact that the victim and his bereaved family members have agreed smoothly

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