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(영문) 전주지방법원 정읍지원 2016.06.14 2016고단145
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a vehicle QM3.

On April 11, 2016, the Defendant driven the above car on April 21, 2016, and made a left turn to the left at the matp surface, one of the ancient Chang-gun, Chang Chang-gun, Chang Chang-gun, Chang Chang-gun, Seoul.

At the time, there was a night and a place of a private street crossing, so there was a duty of care to safely drive a person engaged in driving of a motor vehicle with the duty of care to live well on the right and the right.

Nevertheless, the Defendant neglected this and neglected to turn to the left, and received the front wheels of the victim C (S. 51 years old)'s bicycle driving running along the above intersection from the surface of the wooden wedding to the above intersection, and received the front wheels of the victim C (S. 51 years old) from the front right part of the passenger car.

Ultimately, the Defendant’s negligence on April 12, 2016 caused the death of the victim from the foregoing occupational negligence to “comprehion by cerebral cerebral Bribery” at the Joseon University Hospital located in 365, Gwangju-gu, Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death diagnosis certificate (C);

1. Application of field photographs, photographs of changeers, and Ma1) Vehicle Babling statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of the recommended sentence] Article 62-2 of the Criminal Code refers to the following: (a) the area of mitigation [the imprisonment without prison labor for April to October] [the special mitigated persons] the area of mitigation (including efforts to recover damage] [the decision of sentence] the crime of this case occurred due to the defendant's negligence and the serious result leading to the death of the victim; and (b) the situation in which the defendant could have discovered the victim if he had taken the front time thoroughly, can be considered to be disadvantageous to the defendant.

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