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(영문) 전주지방법원 2020.05.19 2019고단1332
교통사고처리특례법위반(치사)
Text

The punishment of a defendant shall be determined by a credit cooperative for ten months.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a dump truck of 25 tons.

On June 18, 2019, at around 14:46, the Defendant proceeded at a speed of about 69.1km of Si speed depending on the two-lanes of non-Eup-Myeon, the two-lanes of roads near Non-Gun C, non-Gun C.

At this point, there is a road set up by a rain, and there is a tunnel in the front bank, and there is a possibility of operation of agricultural machinery, such as traveling into an agricultural area. Therefore, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by reducing the speed of the motor vehicle, keeping the front door well, operating the steering and steering system accurately and safely.

그럼에도 피고인은 이를 게을리한 채 전방을 제대로 살피지 않은 과실로 같은 차로에서 앞서 진행하고 있던 피해자 E(80세)가 운전하는 경운기를 뒤늦게 발견하고 급제동조치를 취하였으나 미처 피하지 못하고 위 덤프트럭 앞 범퍼 부분으로 위 경운기 적재함 부분을 들이받아 피해자를 진행방향 앞부분 도로에 튕겨나가 넘어지게 하였다.

Ultimately, the Defendant caused the victim's death by occupational negligence as above, resulting in the victim's diversous trauma from his job to his diversous surgery.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2), on-site photographs (5), cepology photographs (4), fluorial photo (4), fluorial photo, and fluorial photo (1), fluorial photo by cutting CCTV images near the scene of the accident (1), fluorial photo (4), fluorial photo (4), and fluorial photo by cutting off a witness vehicle bluore image, CDs, and fluorial photo

1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, and Article 268 of the Criminal Act;

1. Not more than five years of imprisonment without prison labor, the scope of punishment by law;

2. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to traffic accidents in general.

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