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(영문) 전주지방법원 정읍지원 2014.06.03 2014고단135

교통사고처리특례법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:47 on January 17, 2014, the Defendant, who is engaged in driving a Mat Motor Vehicle, was driving the said vehicle at a point of 74.4 km from the right side of the coast Highway, which is located on the right side of the Go Chang-gun, Go Chang-gun, the right side of the coast Highway 74.4 km.

Since there is a national expressway, the defendant has a duty of care to proceed beyond the central line or not take back.

Nevertheless, the Defendant neglected this, while driving along the right side between two-lanes and two-lanes on the straight side from the straight side, was driven by the Defendant, with the front right side of the victim D(the age of 57) 7.5 tons of the front right side of the cargo driven by the victim D.D (the age of 57) driving on the straight side along the two-lanes from the straight side, and caused the damaged vehicle to be placed on the left side of the Defendant, caused the damaged vehicle to lose its center, shock the right side side of the driving direction, crashed the damaged vehicle into the discharge line, and then caused the victim F.(the age of 47) driver to have the roof of the victim F.

Ultimately, the Defendant, at around 18:55 on the same day by occupational negligence, caused the death of the victim D with multiple growth donation by an I Hospital located in Young-gun H, Young-gun, and suffered injury to the victim F, such as a chest strawing, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A medical certificate (F);

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

1. Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts, Article 268 of the Criminal

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the purchase of a comprehensive insurance and the agreement with the deceased’s bereaved family members);