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(영문) 광주지방법원 2018.05.08 2018고단702

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for six months.

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 of "2018 Highest 702" is a person engaged in the operation of CMo 4.5 tons truck.

On January 29, 2018, the Defendant driving the above vehicle around 07:00, and driving the above vehicle at a speed of about 85 km in the speed of 85 km in accordance with the two-lanes, which are located in the west-gun of Yongsung-gun, Yongsung-gun, Yongsung-gun.

It is a road with a speed of 70 km per hour, and at the time, it was difficult to keep the surrounding area prior to sunrise, and snow was sucked, so in such a case, the defendant engaged in driving business has a duty of care to safely drive the motor vehicle by driving the motor vehicle with the duty of care to prevent the accident in advance by safely driving the motor vehicle by driving the motor vehicle at a standard speed of 20%.

Nevertheless, the Defendant neglected this and found the victim D (71) who was driving in the same direction as above due to negligence not driving at a limited speed and did not neglect it, and got the victim's bicycle back part of the victim's bicycle driving on the front side of the vehicle driving by the Defendant.

As a result, the Defendant caused the victim's death by his occupational negligence on January 31, 2018, while receiving treatment at a pre-university hospital located in the Dong-gu, Gwangju Metropolitan City on January 42, 2018.

around 13:35 on March 23, 2018, the Defendant driven a 34.5 tons truck without obtaining a driver's license from around 300 meters to the front road of the Gwangjubuk-dong elementary school located in 99 in Seo-gu, Gwangju, Gwangju.

Summary of Evidence

"2018 Highest 702"

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs related to accidents;

1. A death certificate;

1. "Afford analysis and response to operational records" 2018 Highest 1164;

1. The defendant's person;