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(영문) 전주지방법원 2014.12.12 2014고단1824

교통사고처리특례법위반

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 of a FSC freight truck.

The Defendant, around 18:50 on September 28, 2014, is proceeding from the right side to the right side of the front side of the Hju station located in G in Kim Jong-si on the two-lane road in front of the Hju station.

To proceed as an opposite lane, the U.S. came to be a U.S.ton.

In such cases, a driver of a motor vehicle has a duty of care to make an internship at the permissible location of the internship, and to prevent accidents in advance by properly examining the front side and the left and right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the front part of the J cargo vehicle driven by the victim I (year 56) who is driving along one lane from the right line to the right line of the cargo of the Defendant, driving along the upper part of the J cargo vehicle, which was driven by the victim I (year 56) who was driving along the upper part of the said road, due to the negligence of fhering the center line at a place other than the U.

Ultimately, the Defendant caused the victim's death by occupational negligence as an external shock showor caused by multiple diversified diversities at the site of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes to a investigative report (related to the confirmation ofCCTV images and photographing places);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the fact that the vehicle in this case is one of the disabled persons in the third degree in delay, the fact that the victim and his bereaved family members have agreed smoothly with the victim, the fact that the vehicle in this case has joined the cargo mutual aid association, the fact that the defendant is disabled persons

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;