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(영문) 전주지방법원 정읍지원 2017.11.16 2017고단325

교통사고처리특례법위반(치사)

Text

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

However, the execution of the above sentence shall be suspended for a period of 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 4.5 tons truck of Korea special driving technology.

On July 20, 2017, the Defendant driven the above truck on July 20, 2017, and continued to drive the road of one lane near the F in the former North west-gun E, from the nautical miles to the nautical miles from the center of the heart.

At the same time, the speed limit is 60 km down to a place of dry field on both sides of the road, so the driver of the motor vehicle has a duty of care to safely drive the steering gear and brake system by complying with the speed limit and accurately manipulating the steering gear and brake system.

Nevertheless, the Defendant neglected this and proceeded close to the right side of the road at a speed exceeding approximately 28 km per hour, and discovered the victim G located at the right side of the road in order to harvest a rooftop in the above-mentioned roof wing field of the road, and avoided it to the center part of the road in order to avoid collision, but did not avoid it, and was placed at the right side of the victim's head at the right side at the end of the above truck.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by cutting down and crushing two alleys from his job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death certificate;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation into speed of a suspected vehicle);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is that the defendant is liable for causing a traffic accident resulting in the death of a victim who was at the edge of the road while driving a dangerous truck by excessive speed, etc., which is disadvantageous to the defendant, such as the fact that the defendant is committed at the time of committing the crime, and that the defendant is punished by a fine once.