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전주지방법원 2014.08.22 2014고단840

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of E E stler.

Around 18:50 on March 26, 2014, the Defendant driven the Tracler and proceeded ahead of it on the road of the 1488 Hyundai Ship's New Port Terminal Head of Gangseo-gu Busan, Seongbuk-dong, Busan, leading from the side of the container to the loading and unloading port.

The defendant who drives Twitler had a duty of care to take care of the aftermath, knife, and knife, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not see that he left the G Traler driven by the victim F (the age of 49) due to his negligence and did not go ahead of the G Traler's driving, and was driven by the Defendant on the back of the container of the said Traler and the part of the Traler's driver's seat driven by the victim.

Ultimately, at around 19:10 on the same day, the Defendant caused the death of the victim due to the cardiopulmonary death due to the cutting of dubs and brain damage at the place of the above accident.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. On-site photographs;

1. A written result of autopsy and a written result of autopsy;

1. Application of the Acts and subordinate statutes to attach CCTV image images to the closure photographs and closed-circuit images;

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. Article 62 (1) of the Criminal Act (i.e., confession and reflect, the fact that the instant vehicle has subscribed to the truck deduction, the defendant deposited a certain amount of money (30 million won) as he/she did not reach the agreement with the bereaved family members, there is no criminal record exceeding the fine due to the same kind of crime, and the defendant's family environment, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;