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(영문) 전주지방법원 남원지원 2013.05.21 2013고단70
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in driving D dump truck truck trucks.

On March 20, 2013, the Defendant driven the above cargo vehicle around 08:20 on March 20, 2013, and led to the progress of the road near the entrance intersection of the South Won Medical Center located in the South Won-si.

Since there was a cross-section where signal lights are installed, there was a duty of care to reduce speed and to safely drive the signal well.

Nevertheless, the defendant neglected this and received the front part of the Fpoter Cargo in front of the defendant dump truck truck truck vehicle, which was driven by the victim E (the aged 57) who was left at the right time according to normal signals from the opposite direction of the defendant due to the negligence of the defendant who violated the signal.

Ultimately, the Defendant caused the victim G (the 57 years of age) who was on board the top of the foregoing cargo vehicle due to the above occupational negligence caused the death of the victim G (the 57 years of age) by the low blood shock shocks caused by the niversculous wave fever, etc. at the same place, and at the same time caused the above victim E to suffer injury, such as approximately 3 and 4 on the right side of which treatment is required for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Each written statement of E and K Preparation;

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

1. Application of Acts and subordinate statutes to a copy of a medical certificate and death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 3 (1) and the proviso of Article 2 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order.

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