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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단932
교통사고처리특례법위반(치사)등
Text

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

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 freight truck with B7.5 tons.

On April 28, 2016, at around 04:25, the Defendant proceeded at approximately 104 km in the city of Si, depending on the two-lanes from Incheon bank, the two-lane roads of the Young-dong Highway 231.8km located in Gangseo-si C.

At least 1.5 tons of cargo vehicles have a duty of care to safely drive the vehicle by maintaining the speed limit for the person engaged in driving service, maintaining the safety distance with the front vehicle, etc. as a road with a speed of 80km or more per hour.

Nevertheless, the Defendant neglected this and found the 4.5 tons of the E-4.5 tons of the truck truck drivened by the victim D (the age of 65) at a speed exceeding 20 km per hour, and caused the back loading of the damaged vehicle to the front and front part of the Defendant’s vehicle, and caused the damage vehicle to the Central Separation by the shocking Zone.

Ultimately, the Defendant suffered injury to the victim D by the above occupational negligence during approximately four weeks of the need to give medical treatment to the victim D, and at the same time, caused the victim F, who is the passenger of the Defendant’s vehicle, to die in the body where the victim F, who is the passenger of the Defendant’s vehicle, was physically handicapped.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement made to D by the police;

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

1. A comprehensive analysis of traffic accidents;

1. Each on-site photograph and photograph of a changeer;

1. Application of Acts and subordinate statutes to a corpse inspection report and a diagnosis report on D;

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents as indicated in the relevant provisions concerning criminal facts: Violation of Article 3 (1), the proviso to Article 3 (2) and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Trade name;

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