(영문) 전주지방법원 2015.10.06 2015고단1221

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(영문) 전주지방법원 2015.10.06 2015고단1221

교통사고처리특례법위반

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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 of a D-port cargo vehicle.

At around 15:30 on May 5, 2015, the Defendant driven the above cargo vehicle, and led to a road of about 89 km in front of the Seosan Village in the Manan-gun, Manan-gun, Jinan-gun, Manan-gun, Manan-gun, to the speed of about 89 km from the Jinan-ean Eup.

It is a road with a restricted speed of 60km per hour, and the defendant's front side is driving at a low speed of 100 cc scam for the victim E (the 76-year-old driver) driving along the road on the front side, so in such a case, the driver of the vehicle has a duty of care to observe the restricted speed and to ensure sufficient safety distance between the vehicle and the safety distance prior to the operation of the vehicle, and to prevent accidents by accurately operating the steering direction and brakes.

Nevertheless, the defendant neglected this and failed to keep a speed exceeding 29 km per hour, and failed to keep the safety distance properly, proceeded from the side forward of the direction of the defendant's running, and finds late that the driver's speed of the victim's driving who entered the front side of the direction of the defendant's driving to change the direction to the left side, and entered the opposite lane beyond the center line to avoid this, but because he did not avoid this, he received the rear portion of the above launch notice from the center line of the above road as the front side of the cargo driving by the defendant.

Ultimately, around May 6, 2015, the Defendant caused the death of the victim due to such occupational negligence by pressure on brain at the Jeonbuk-gu University Hospital located in 20, Young-gu, Seoul Special Metropolitan City on May 6, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of traffic accidents or accidents, and suggestion for direction;

1. Reports on traffic accidents, on-site photographs, and reports on the occurrence of traffic accidents;

1. Reporting on internal accidents (related to the speed of a sea-going vehicle);

1. The application of Acts and subordinate statutes of the death diagnosis report.

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