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(영문) 전주지방법원 남원지원 2017.02.07 2016고단264

교통사고처리특례법위반(치사)등

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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 of a truck truck truck truck transporting D's special feed.

On November 15, 2016, the Defendant driven the above cargo vehicle around 14:45, and proceeded at the speed of about 78 km from the front side to the bus terminal at the speed of about 78 km (vehicle operation record meters) in front of the net warehouse distance, the Defendant got to turn to the left at the south side of the front side of the road.

In this case, the driver of the vehicle has a duty of care to prevent accidents, such as reducing the speed of the driver of the vehicle, properly operating the steering side and the steering system accurately, so that the driver of the vehicle may not violate the report by safely making the left-hand turn to the right and the left-hand turn, etc.

Nevertheless, the Defendant neglected to turn to the left without reducing the speed, and operated the steering gear to avoid the pedestrians of the sidewalk on the front side because the cargo vehicle left the road due to the failure to turn to the left at the lower court’s speed, but, although the wheels of the above cargo vehicle was faced with the boundary of the road and the sidewalk, the above cargo vehicle went to the port and went to the left side of the sidewalk due to the negligence of harming the sidewalk, and caused the victim E (58 years old) and the victim F (74 years old) to go beyond the floor.

Accordingly, the Defendant caused the death of the said victim E by pressure from brain in the Joseon University Hospital located in 365, as of November 16, 2016, in light of the foregoing occupational negligence, at around 01:50, the Defendant suffered injury, such as the closure of the bones, which requires approximately four weeks of medical treatment, to the said victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and on-site photographs;