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(영문) 전주지방법원 2019.10.16 2019고단905
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a private taxi in B-7.

On May 13, 2019, the Defendant driven the above car at around 10:40, and made the front of the Jinan-gun C left the right turn from the village road to the front of the Jin-gun at the front of the Jeju-do.

Since there is a three-distance intersection where a house brick is installed on the left and right, the driver was obliged to temporarily stop the operation of the vehicle to check the safety of the course by checking well the right and the right and the right and the right and the right and the right and to safely drive the vehicle.

Nevertheless, the Defendant failed to find out the victim D (year 95) who was her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or her m or m or her m or her m orm

Ultimately, the Defendant caused the victim’s death due to the above occupational negligence by causing the victim’s injury to two parts and chests at the site.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A traffic accident investigation report and a corpse inspection report;

1. On-site photographs and photographs of the changeer;

1. Application of Acts and subordinate statutes on investigation reports (related to the CDs of fluorse vehicles and video clips and the closure photographs);

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 selection of

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage): Reduction area and imprisonment without prison labor (including the recommended area and recommendation range).

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