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(영문) 광주지방법원 장흥지원 2020.03.26 2019고단276
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 one year 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 B 2 cargo vehicles.

On November 13, 2019, the Defendant driven the above vehicle at around 07:25, and led the D Facility C in front of the facilities in the Jeonnam-gun, Chungcheongnam-gun, to the slope of the Heungung-gun Police Station at the E village bank, to drive the said vehicle at an indefinite speed.

At this point, the Alley road where a house is densely concentrated, so if it is likely to obstruct the normal passage of pedestrians or other vehicles and horses, the driver of the motor vehicle is prohibited from driving the motor vehicle, and in the latter case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle after checking whether there is a person or other motor vehicle in the future and prevent the accident from occurring.

Nevertheless, due to the negligence of neglecting this, the victim F, who walked to the rear side of the defendant's cargo due to the negligence, without checking the rear side, was faced with the part behind the defendant's cargo loaded to the rear side of the defendant's cargo, and went beyond the road surface, and then the victim's chest and bridge side were charged with the victim's chest and bridge side in front of the left side of the above vehicle and the rear wheels part.

Ultimately, at around 07:45 on the same day, the Defendant caused the death of the victim due to the death from the emergency room of G Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, a corpse inspection report, and a internal investigation report (CCTV-faging photographs and videos attached thereto);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant acknowledges and reflects his mistake, the victim's bereaved family members agree with the victim

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