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(영문) 전주지방법원 2016.09.06 2016고단287

교통사고처리특례법위반

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Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for 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 cargo vehicle as C25 tons or more.

On September 23, 2015, the Defendant driven the above cargo vehicle around 01:00, and proceeded from the side of the North ChangwonIC to Busan at a point of 126 km away from the side of the North ChangwonIC on the South Sea, which is located in the Dong Eup of the Changwon-si, the Defendant tried to change the course at a speed of about 40 km from the hour to enter the two-lane of the above expressway at around 05:30 on the same day.

At night, the surrounding area was kept at night, and the area is limited to about 70 meters the lane that may be speeded to enter the expressway from the roadside rest area to the expressway, and the large-scale trucking vehicle with large body requires more long time to speed compared to other vehicles. Therefore, in particular, the driver of a large truck has a duty of care to check whether there is any other vehicle on the front, rear, and right and right and right and right and right and right and right and duty of care to safely change the course and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, and only two vehicles going behind the said cargo vehicle, but as they are, was negligent in changing the vehicle line as they are, the Defendant did not discover the E-Poter II truck drivened by the victim D (year 44) who was straight along the two lanes of the said expressway in the same direction as the Defendant, and received the part following the left-hand side of the said cargo vehicle as the cargo vehicle, and received the part behind the right-hand side of the said Poter II.

Ultimately, at around 09:20 on the 24th day of the same month, the Defendant caused the death of the victim by an occupational negligence in G Hospital located in F in Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol against the defendant 1.