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(영문) 전주지방법원 2015.04.28 2015고단357

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 a dump truck for snow removal work.

At around 23:55 on December 21, 2014, the Defendant, at the Jeon Jin-gu Seoul Metropolitan City, proceeded with the flow of the chemical shot distance from Honam-do to the innovation city breath of the innovation city.

At the same time, the signal has been installed and snowed, so in such a case, the driver of the motor vehicle has a duty of care to reduce the speed and properly see the front and rear left, thereby accurately manipulating the steering gear and the brake system, thereby preventing the accident from spreading.

Nevertheless, the Defendant neglected to do so and caused the negligence in violation of the signal, and led the Defendant to shock the front part of the Defendant’s driver’s vehicle, which was proceeding in accordance with the new code from the jurisdiction of the Seojin Police Station to the seat of the World Cup stadium.

On December 22, 2014, the Defendant: (a) caused the death of the victim E, a passenger of the said taxi, at around 17:06, at the Jeonbuk University Hospital; (b) suffered from the victim F, a driver of the said taxi, the injury of the parts on the right side of the said taxi (including the 67 years of age), such as rupture, on the right side side of the said taxi in need of approximately 6 weeks of treatment; (c) from the victim G (the 27 years of age), the passenger of the said taxi in need of approximately 7 weeks of treatment; and (d) from the f, the victim H (the 28 years of age) who is the passenger of the said taxi in need of approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the prosecutorial statement concerning G;

1. Statement of the police statement concerning F;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to each medical certificate and death certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents under Relevant Acts concerning criminal facts, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 of the Criminal Act: