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(영문) 전주지방법원 군산지원 2019.10.30 2019고단864
교통사고처리특례법위반(치사)
Text

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

Reasons

Punishment of the crime

On May 20, 2019, the Defendant is a person engaged in driving B-2 vehicles, and around 14:25 on May 20, 2019, three lanes in front of the D-L station in the following cities: (a) 3-lanes in front of the D-L station in the following cities: (b) entered a road without a vehicle line at the front-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,

At this place, there was a victim F(77 years of age) who was on board a bicycle on the same side as the defendant, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and safely driving the steering gear.

Nevertheless, the defendant neglected this and caused the victim who was riding a bicycle in the front of the defendant's vehicle to go beyond the road by shocking the victim who was driving a bicycle in front of the defendant's vehicle.

Ultimately, the Defendant caused the victim to die of cerebral cerebral cerebrovassis at the E Hospital Emergency Medical Center, which was under medical treatment at around 00:09 on May 21, 2019 by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes responding to a request for the analysis of traffic accidents, such as reports on the occurrence of traffic accidents, actual survey reports, site photographs, etc., death diagnosis reports, and response

1. The fact that a criminal defendant reflects the crime, the family environment and economic conditions of the criminal defendant, etc. may be considered as favorable circumstances, in light of the relevant legal provisions, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act.

However, in case of driving service involving the risk of potential loss of human life due to traffic accident on a regular basis, the defendant's care duty to observe the Road Traffic Act and to prevent the accident is not emphasized.

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