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(영문) 전주지방법원 남원지원 2013.05.14 2013고단67

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 of a freight truck of 25 tons of treatment B.

On March 7, 2013, the Defendant driven the above cargo vehicle on March 13:44, and proceeded with the 19th industrial road located in the margin of the Namwon-si at a speed of about 80 km per hour from the front bank to the old bank.

At the same time, the C Working Vehicle belonging to the Southern Country Management Office was parked across two lanes and the edge of the road. Since the victim D (year 42) was on the side of the driver's seat of the said working vehicle, the Defendant engaged in driving of the vehicle had a duty of care to live well well, operate the steering and steering system accurately, and operate it safely.

Nevertheless, the Defendant neglected this and found the above victim at a late time due to the negligence that did not well look at the front seat of the cargo wheeler, etc. while driving the cargo, but did not avoid it, and received the above victim in front of the right side of the cargo vehicle of the Defendant.

Ultimately, the Defendant caused the death of the above victim by occupational negligence due to the diversified damage in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement prepared in F, G, H, and I;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction in excess of a fine, the time when the crime of this case is committed, the vehicle driven by the defendant is admitted to the Mutual Aid Association under the Trucking Transport Business Act, and the agreement has been reached with the victim's bereaved family members);

1. Order to attend lectures under Article 62-2 of the Criminal Act;