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(영문) 전주지방법원 정읍지원 2013.03.13 2012고합142
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for eight months and by imprisonment for one year and six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in the mobile 4.5t truck driving service.

On September 11, 2012, around 23:48, the Defendant driven the instant truck at the speed of 85.1km each hour with a view to the reduction of the road in front of the security village in the Southern-do, Chungcheongnam-ri, the Southern-do, the North-do, the North-do, the North-do, the North-do.

In this place, the restricted speed is 40 km per hour by passing through the village, and it was difficult for the driver of the vehicle operating this area at the night time. Therefore, the driver of the vehicle has a duty of care to prevent traffic accidents by reducing the sufficient speed and driving it well and driving it.

Nevertheless, the Defendant, by negligence in the course of performing his duties, found the Victim F (the age of 46) on the road in the direction of the Defendant’s proceeding, which was used on the road due to negligence in the course of his duties and neglecting his duty of care, and did not avoid it. The Defendant, with the wheels of the instant truck, caused the Victim’s death by two parts of damage at the same place.

2. Defendant B is a person who drives a private taxi in the frontwest of North Korea.

On September 23:45, 2012, the Defendant: (a) around September 23:45, 2012, the Victim F, who was in a state of drinking alcohol concentration of 0.333% in front of the cafeteria located outside the Seocho-gu, Seoan-gun, Seoan-gun, Seoan-gun, Seoyang-gun, the North Korean Peninsula, was carrying the victim F in his taxi, thereby getting the victim F on the same military security leg.

As seen above, a taxi engineer, who is a drunk passenger, has a contractual duty to make the passenger take up to his/her destination or leave a safe place so that the passenger under the influence of alcohol does not suffer from an accident, but the defendant abandons the victim on the road in front of the Southern Spori Village where the victim was at the same time less than 5 km from his/her new friet, which is a destination, on the ground that the victim interfered with the heavy snow snow and driving of alcohol.

Ultimately, the Defendant abandoned the victim as above and caused the death of the victim as prescribed in paragraph (1).

Summary of Evidence

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