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(영문) 전주지방법원 2014.04.04 2013고단2762

교통사고처리특례법위반

Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is engaged in driving of fixed freight cars C.

On November 11, 2013, the Defendant: (a) driven the above cargo vehicle around 08:20 on the 08:0 on the 11st day of November 201, and parked on the side of the road on the side of the first-lane road in front of the branch of the branch of the branch of the branch of the town in front of the branch of the branch of the branch of the branch of the branch of the branch; (b) parked on the side of the branch of the branch of the branch of the branch of the branch of the branch; and (c) went to the side of the port of the branch of the branch of the port; and (d) at the time, pedestrians frequent, the Defendant had a duty of care to check and safely drive the vehicle as a driver of the vehicle,

Nevertheless, the Defendant neglected this and neglected to look closely at the front, and thereby caused the death of the victim due to the suspension of cardiopulmonary function due to the chilling of the head of the victim with the front wheel part of the above cargo vehicle and the front wheel part of the driver's seat, which led to the death of the victim due to the sudden negligence of 1 to 2 meters in front of the cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, photographs of the scene of the accident, and photographs of the victim;

1. A corpse of corpse;

1. Application of Acts and subordinate statutes to the investigation report (the statement, etc. of a shot person);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with the bereaved family members, the confession and reflect of the crime in this case, and the fact that there is no criminal record exceeding the fine);