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(영문) 전주지방법원 남원지원 2020.03.31 2020고단8

교통사고처리특례법위반(치사)등

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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 person who is engaged in driving a elementary stable truck of 5 tons.

On November 26, 2019, around 01:22, the Defendant was driving the above cargo on the front road of the Namwon-si, Namwon-si, and was driving in the direction of the town in the direction of the town at Chump.

Since there is a road where the center line of yellow solid lines is installed, the driver of the vehicle has a duty of care to prevent accidents by driving the right side from the center line of the roadway, instead of breaking the center line.

Nevertheless, in order to turn to the left in the direction of the seat of the meteorite-Eup, the defendant was negligent by breaking the center line of the yellow-ray and entering the opposite lane, and the victim D (the age of 46) who was driven in the direction of the seat of the meteorite-Eup at the seat of the meteorite-dong was shocked with the front part of the driver's seat of the EPo-2 cargo vehicle, which was driven by the victim D(the age of 46).

Ultimately, the Defendant caused the victim D’s occupational negligence to suffer injury, such as the opening frame of the left-hand bridge in need of medical treatment for about 14 weeks, and the victim F (year 41) who is the passenger of the victimized vehicle, respectively, to suffer injury, such as an unexplosion dynasium in need of medical treatment for about 4 weeks, and at the same time, caused the victim G (year 45) who is the passenger of the victimized vehicle, to die in the same place due to cerebral injury.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual condition survey report;

1. A written result of autopsy and postmortem examination;

1. Each written diagnosis;

1. Application of accident site, photographs of vehicles, and Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on any person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents, which is the most severe offense);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act: