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(영문) 전주지방법원 남원지원 2018.06.19 2018고단60

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 CK5 cars.

On November 16, 2017, the Defendant driven the above vehicle at around 10:01, and proceeded with a road that is located in the 277-lane as the former head of the North Chang-gun, the Defendant moved to the right of way from the surface of the public sports ground to the surface of the Chang-gun.

At all times, there was a private distance intersection directly connected to the intersection, and at the front direction of the defendant's proceeding, the E-T 100 cubic meters driven by the victim D(79 tax) is proceeding. In such a case, the person engaged in driving service has a duty of care to safely drive the vehicle by failing to overtake the vehicle on the bridge or the intersection.

Nevertheless, the Defendant neglected to do so and tried to immediately make a right-hand approach to the intersection on the bridge above the rooftop ridge, and caused the Defendant to enter the said intersection immediately after he was overtake, and immediately after he was overtakeed, the Defendant got her to go beyond the road after having the right-hand side of the said K5 vehicle driven by the Defendant, with the front part of the said K5 vehicle driven by him.

At the same time, Defendant 1 suffered from the above victim’s negligence in the above occupational negligence with a scarcity in need of approximately two weeks of treatment, and at the same time, Defendant 2 caused the death of the victim F (M, 78 years of age) who was on the back seat of the above stoma, due to cerebral cerebral cerebral cerebralop from the H hospital located in Sinpo-si G around November 18, 2017 at H Hospital located in Sinpo-si, Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. A survey report on actual conditions;

1. On-site photographs and photographs;

1. A death certificate;

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

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the quality of the crime);

1. Punishment of an alternative imprisonment without prison labor;