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(영문) 전주지방법원 2013.07.24 2013고단1439
교통사고처리특례법위반
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On November 2, 2012, the Defendant is a person who is engaged in driving of D Poter Cargo, and was driving the above cargo vehicle at around 10:00, and led to a long-distance intersection in front of the insular village at Kim Jong-si, Kim Jong-si, a speed of about 50km/h of speed from the sporari Road to the speed of about 50km/h.

Since there is a Yar-type cross-section which is collected at one way in two ways, there was a duty of care to safely drive by safely entering the intersection by reducing speed and closely examining whether there is a vehicle coming from the right side of the defendant's moving direction.

Nevertheless, the Defendant neglected this and did not closely examine whether there is a vehicle entering the next road without reducing speed, and did not discover a FObane of the victim E (ma, 72 years old) who entered the intersection on the left side of the back side of the course of the Defendant's course due to occupational negligence and did not discover a FObane of the victim E (ma, 72 years old) who entered the intersection, and received the right side part of the cargo vehicle as the back side part of the above Obababababababababababa, etc., which requires more than seven months to the victim due to the corresponding shock, and subsequently received the above part of the right side part of the Obabababababababa, etc., and received treatment from the patient room in an unidentified state.

Accordingly, the Defendant caused the risk of life to the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and evidence and photographs at the scene of traffic accidents;

1. Making a delivery and reply as a result of field reexamination following the filing of a traffic accident;

1. Application of Acts and subordinate statutes to report on investigation (the state of treatment for victims E);

1. Article 3 (1) and Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 of the Criminal Act:

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