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(영문) 전주지방법원 군산지원 2018.01.17 2017고단1495
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 14, 2017, the Defendant driven the said car from the front distance of D, located in the Gun-si, Do-si, North Korea, Seoul, to D on September 14, 2017.

At the same time, there is a duty of care to prevent accidents, such as yielding the course, when there is another vehicle that has already entered the intersection by well examining the right and the right of the road before the passage of the intersection, since there is no signal, etc. at the time.

Nevertheless, the defendant is negligent in neglecting this and the defendant is driving by the victim (41 tax) E who has driven on the right side from the left side of the direction of the defendant's driving.

F was the front part of the Defendant’s car, which was higher than the right fences of the Twit Cargo.

Ultimately, the Defendant caused the victim to suffer from such occupational negligence on the same day at around 13:26, the Gunsan-si Medical Center located in 27, Gunsan-si, Gunsan-si, Gunsan-si, to die with the long-term damage to the diversity during the transmission.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report on the actual traffic accident, and on-site photographs of the traffic accident;

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] General traffic accident Type 2 (Death by Traffic Accidents) (4-1 year) [the person subject to special mitigation] punishment is not imposed (including efforts to recover damage), [the decision of sentence] serious results leading to the death of victims, and the defendant is mainly responsible for the accident of this case

However, the defendant's vehicle is covered by a comprehensive insurance, and the defendant agrees with his/her bereaved family members.

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