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(영문) 전주지방법원 군산지원 2020.06.17 2020고단426
교통사고처리특례법위반(치사)
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2019, the Defendant was engaged in driving of the K3 car, while driving the said car at around 18:40 on October 24, 2019, and driving the D-do road in front of the Militarysan City C from E to F-side.

A driver of a vehicle has a duty of care to prevent accidents by accurately operating the operation and steering gear of the vehicle, and by accurately manipulating the operation and steering gear.

Nevertheless, the Defendant was negligent in neglecting the front time while driving the Defendant’s G (V, 83 years old) while driving the bicycle on the front day of the Defendant’s driving vehicle due to his negligence.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the H Hospital’s middle-patient room due to the cardiopulmonary suspension due to the climatic blood and cerebral cerebral ties around November 30, 2019 while treating the patient at the H Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to the scene of an accident, road situation or photograph, report on the occurrence of a traffic accident, report on a traffic accident (1) (2), scene photograph of an accident, detailed inquiry, and written diagnosis of death;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In the case of driving service involving the risk of potential loss of human life due to traffic accidents due to the sentencing reasons under Article 62-2 of the Criminal Act, the duty of care to observe the Road Traffic Act and to prevent accidents from occurring is not even more emphasized.

The traffic accident of this case occurred due to Defendant's negligence, which resulted in the result of the victim's death. It shall be punished by imprisonment without prison labor in that it resulted in the defendant's deep-depth violation of the crime, the first offender who has no record of criminal punishment, and the victim's bereaved family members.

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