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(영문) 전주지방법원 2018.11.06 2018고단797

교통사고처리특례법위반(치상)

Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving freight cars in sealed C.

On September 18, 2017, the Defendant driven the above cargo vehicle at around 16:20, while driving at the top of the Jinan-gun, the road of 1126-4, the upper Myeon of the Jin-gun, which is located at a point of 250 meters in the Jin-gun, in the Jin-gun, from the Jin-gun, the road of Do at a point of 250 meters in the upper Myeon of the Jin-gun.

Since there is a village in the vicinity, there was a duty of care to prevent accidents by thoroughly manipulating the front side and the front side, and accurately manipulating the steering and operation devices to prevent accidents.

그럼에도 불구하고 피고인은 이를 게을리 한 채 전방 주시를 소홀히 하여 진행한 과실로 마침 진행방향 우측 갓길에 세워 져 있는 D 봉고 3 화물차를 뒤늦게 발견하고 위 봉고 프 론 티어 화물차의 우측 앞부분으로 위 봉고 3 화물차의 좌측 뒷부분을 들이받고, 위 충격으로 위 봉고 3 화물차가 튕겨 나면서 공소장에는 ‘ 계속하여 ’라고만 기재되어 ‘ 피고 인의 차량으로 피해자 E을 직접 충격하였다’ 는 취지로 기재되어 있으나, 피고 인의 차량이 피해차량 뒷부분을 충격하고, 그 충격으로 피해차량이 튕겨 나면서 피해자 E을 충격한 것으로 봄이 타당하다.

The victim E(60) who was trying to board the driver's seat was received from the victim E(60) to go beyond the right side of the road.

Ultimately, the Defendant suffered from occupational negligence as seen above, on the part of the above victim, the injury of the victim F, who was living together with the victim F, who was living together with the victim F, who was on the top of the 3 chemical string of the above 20 weeks in need of a serious injury, for approximately 6 weeks of medical treatment. In addition, the Defendant suffered from the injury of the victim, such as the part of the conical signboard, which was in need of approximately 56 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F's legal statement 1.