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(영문) 전주지방법원 군산지원 2016.05.11 2016고단252
교통사고처리특례법위반
Text

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

However, the execution of the above sentence 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 of B 2.5 tons cargo vehicles.

On February 27, 2016, the Defendant, at around 09:45, 09:45, at a point of approximately 2 km from the part of the D station located in Si of Gunsan, the Defendant: (a) on the road located in the part of the D station located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si; (b) on the road where the Defendant had a duty of care to look at whether there was an obstacle on the front side of the cargo vehicle in advance; (c) neglected the duty of care to look at whether there was an obstacle on the front side of the cargo vehicle; and (d) caused the death of the victim E (50 years of age) who was in front of the Mad Cargo due to the negligence attributable to the negligence of neglecting the duty of care in advance; and (d) caused the death of the Gun medical center located in 27, Gunsan Medical Center

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the range of recommended punishment] and the sentencing criteria [the range of recommended punishment] shall not be subject to the punishment of two types of general traffic accidents (the death or injury caused by traffic accidents) (the period between April and October).

2. Determination of sentence: The same sentence as the order of a recommendation shall be determined within the scope of the recommended sentence, comprehensively taking into account all the favorable factors such as the defendant's age, occupation, family relationship, circumstances after the crime, etc., including eight months of imprisonment without prison labor, two years of suspended execution, and the fact that the victim died, the defendant reflects his mistake, the defendant's agreement is reached smoothly with the victim, the victim's side and the primary offender, and other factors of sentencing as shown in the arguments.

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