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(영문) 전주지방법원 군산지원 2014.05.28 2013고단1487

교통사고처리특례법위반

Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of C Freight.

On June 24, 2013, the Defendant driven the above truck on June 14, 2014:30, while driving the three-lane road in front of the Maca Center, which is located in 1555, in the direction of the Maca Center, from the head of Sinsan-si, the Defendant turned the three-lanes into a French speed between the two-lanes and the three-lanes, and changed the course into the three-lane course.

At the time, the victim D(65) driving in the same direction along the same three-lanes on the right side of the vehicle of the defendant, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle to prevent the accident by safely driving the vehicle, such as using the front and rear right and the right and the right and the direction properly when changing the lane.

Nevertheless, the Defendant neglected this and got a part of the backer of the off-to-land in the front direction of the above cargo vehicle due to negligence, which led to changing the lanes to the right direction of the above cargo vehicle, without examining the surrounding areas.

Ultimately, at around 14:57 on June 24, 2013, the Defendant caused the death of the said victim at an emergency center of the F Hospital in the Yasan-si E by occupational negligence, due to the multiple shocks during the transfer.

Summary of Evidence

1. Defendant's legal statement;

1. The scene of the traffic accident and photographs of the dead;

1. A corpse of corpse;

1. Each reference inquiry report;

1. Application of image of USB, CCTV-cape photograph Acts and subordinate statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture, Article 62-2(1) of the Criminal Act of the community service order, the main sentence of Article 59(1) of the Act on Probation, etc., is highly responsible for the death of a victim who driven a cata due to the Defendant’s secondary driving for the reason of sentencing, and the victim’s bereaved family members are severely punished by the Defendant.