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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단513
교통사고처리특례법위반(치사)
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

On September 14, 2018, the Defendant was driving a two-ton truck on September 15, 2018, along with one ton of the two-way truck, and the front of the D, which is located in Jung-Eup at Jung-Eup, was driving along one lane from the corner of the valley to the new e-Eup.

However, since there was a road bending on the right side, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving by checking the front side and the left side.

Nevertheless, the defendant neglected this and tried to escape from the right side of the road to the right side of the road, leaving the road, and received the roadside trees from the right side of the road in front of the above truck.

As a result, the Defendant had the victim E (the 40-year-old) who is the passenger of the said truck by occupational negligence as above sent back to G Hospital in 00:04 on October 2, 199, and caused the death of the victim E (the 40-year-old-old-si) due to the cardiopulmonary function transfer during treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to report on investigation into actual condition survey reports, on-site photographs, death diagnosis reports;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is not the case where the crime of this case results in the death of a victim who was on board by causing a collision of street trees while driving a vehicle.

Although at the time the road where the defendant's way is going to the right side of the road, the direction of the road cannot be set away, and the unfolded and trees are coming to the side of the road, it is said that the traffic accident in which the roadside trees are coming to the right side of the direction of the course and the opening is caused.

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