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(영문) 전주지방법원 남원지원 2014.12.16 2014고단263

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a dump truck driver.

On June 7, 2014, at around 09:40, the Defendant proceeded along two lanes in front of the two common village of the two common village in the forest room in the forest room and Eup of the previous North Korean Peninsula from the front side along two lanes.

At that time, there was a duty of care to safely drive a person engaged in driving, as he had been an intersection, and was operating the yellow domination signal, and was not allowed for U.S., so he had a duty of care to safely drive a person engaged in driving.

Nevertheless, the defendant neglected this and stopped the above road to the side of the road, and the part of the right side side of the victim D(34 years old) who was proceeding in the rear side of the defendant, which was driven by the victim D(34 years old) who was proceeding in the front side of the road, was shocked into the front side of the road of the defendant's truck.

Ultimately, the Defendant caused the death of the victim by occupational negligence around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of results of the comprehensive traffic accident analysis;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area of recommendation [decision of type] the scope of recommendation according to the sentencing guidelines, traffic crimes, general traffic accidents, and the second category (the death of a traffic accident), without any person (the scope of recommendation) (the scope of a person subject to special punishment): August through January 6 of a credit cooperative;

2. As the Defendant’s negligence was heavier in relation to the instant traffic accident, and the occurrence of a serious consequence, the victim’s death is in need of strict punishment.

However, the defendant's mistake is recognized and reflected, and the defendant in 2005.