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(영문) 전주지방법원 2014.09.05 2014고단1014
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C low-est car.

피고인은 2014. 4. 25. 22:27경 위 승용차를 운전하여 전북 완주군 이서면 콩쥐팥쥐로에 있는 ‘남양사이버아파트 진입로’ 앞 편도 2차로의 도로를 전주 쪽에서 김제 쪽으로 1차로를 따라 시속 약 80km로 진행하게 되었다.

At the time, it was located near the access road to apartment houses at night, and there were stores located on the left side of the moving direction, so there was a duty of care to safely drive a motor vehicle to prevent accidents by safely checking whether there is a person who gets on the driving of the motor vehicle by reducing speed and checking the front left well.

Nevertheless, the Defendant neglected this and proceeded at the same speed without examining the front door, and found the victim D (the age of 57) who was crossing from the right side of the road to the left side of the road late later, but did not avoid it, and received the victim as the victim was set to the right side of the said car.

Ultimately, around April 30, 2014, around 04:28, the Defendant caused the death of a victim, who was receiving medical treatment at a pre-North Korean University Hospital located in 20, Jin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), due to the above occupational negligence, by pressure on brain, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A scene of an accident and photograph of an accident vehicle;

1. Photographs of a deceased person;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the victim has agreed with his/her bereaved family members, there is no history of criminal punishment, confession and reflect, the vehicle in

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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