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(영문) 전주지방법원 2015.04.21 2015고단89

교통사고처리특례법위반

Text

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

except that 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 of C6.5 tons of cargo vehicles.

On April 22, 2014, at around 15:15, the Defendant was driving at an insular speed bypassing a road of approximately 5.1m wide from the luran village to the luran village, which is not divided into two-lanes at the entrance of luran Village, in the case of the luran-gun, Seocheon-gun.

At least eight meters of the length of the Defendant’s loading of a narrow road, protruding the front part of the instant pine trees. Since neighboring residents work in the dry field, there is a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system to prevent accidents. In such a case, the driver has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected this and neglected the back, and caused the back part of the victim D (the age of 80) who was working in a dry field located on the left side of the course due to the negligence of bypassing the back, without examining the back side properly, to be faced with the end part of the trees that the Defendant loaded on the Defendant’s vehicle.

Ultimately, at around 09:50 on December 13, 2014, the Defendant caused the victim’s death by occupational negligence as “the damage to the number of damages caused by a traffic accident” in the Fvalescent Hospital located in Bupyeong-gu, Seoul Special Metropolitan City, Seocheon-gu E.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Each traffic accident report and each photograph (on-site warning of the accident vehicle and the accident scene);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing grounds) is attributable to the fault of the defendant.