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(영문) 전주지방법원 2017.11.14 2017고단1505

교통사고처리특례법위반(치사)

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

However, the execution of the above punishment 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 wing and cargo vehicle B.

On June 1, 2017, around 20:05, the Defendant driven the above cargo vehicle near the 956 east-ro, Gu-ro, Dong-ro, 956 east-dong, while driving the said cargo on the right side from the right side to the front side.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by properly operating the traffic laws and regulations, and by accurately operating the steering gear, steering gear, and brakes.

Nevertheless, the Defendant, without fulfilling such duty of care, driven the above cargo vehicle at a speed of about 80 km per hour exceeding 100km per hour, which is a speed of 80 km, and caused the victim C ( South, the age of 62) who was charged with the above cargo vehicle due to his shock, to die at the E Hospital located in Donsan-gu, Jeon-si, Jeon-si on the same day due to the following reasons: (a) the victim C ( South, the age of 62) who was charged with the above cargo vehicle due to his shock and the two external wounds, etc. on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. The actual investigation report on traffic accidents;

1. An accident scene photograph;

1. Notification of traffic accident analysis results;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Social Service and Order to attend a lecture under Article 62-2 of the Criminal Act is as follows: (a) an accident occurred due to the failure of the Defendant to detect the truck early because the back of the dump truck conflicting with the cargo vehicle driven by the Defendant at the time of the instant accident; (b) the vehicle was covered by an agreement between the victim and the victim; (c) the vehicle was covered by the comprehensive insurance; (d) the Defendant did not have the same type of criminal record; and (e) the Defendant is bound by considerable speed exceeding the restriction