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(영문) 전주지방법원 정읍지원 2014.07.01 2014고단231

교통사고처리특례법위반

Text

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

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

Reasons

Punishment of the crime

On February 18, 2014, the Defendant, who is engaged in driving of freight vehicles C1 ton, was driving ahead of the Raddd real estate agent, located in the vice-Eup located in the Madern-gun, Seoan-gun, Seoan-gun on February 18, 2014, toward the vice-Eup from the east-do.

At all times, the passage of ordinary vehicles and stopane is very frequent and the center line of yellow solid lines is installed, so the defendant has a duty of care to keep the safe distance with the vehicle in front and prevent the occurrence of various accidents.

Nevertheless, the Defendant neglected this and got the center line in order to overtake the victim D(the age of 85) driving in the same direction, but the part on the front side of the Defendant’s vehicle, which was the part on the top side of the Defendant’s vehicle, which was the part on the left side of the vehicle.

Ultimately, at around 13:55 on the same day by occupational negligence, the Defendant caused the victim to die from the G Hospital located in the Bananan-gun F of the fatheran-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the point of covered comprehensive insurance and the agreement with the victim);

1. Social service order under Article 62-2 of the Criminal Act;