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(영문) 전주지방법원 군산지원 2016.02.19 2015고단1249
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of 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 a tank B trucking cargo vehicle.

On August 29, 2015, the Defendant driven the above cargo vehicle on the 12:45th day of August 29, 2015, and led the front of the king-gu, Gyeongsan-si, to a gold-maid village from the IC on the Hasan-si side.

In such cases, the driver of the vehicle has the duty of care to prevent accidents in advance by safely driving the vehicle by checking whether the driver of the vehicle stops well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right

Nevertheless, the Defendant neglected this and received the back portion of D Poter's Poter's D Poter's freight driving ahead of the above cargo, and continued to receive the back portion of F K K3's passenger vehicle driven by E in front of the above cargo vehicle, and received the front portion of Hland's Poter's Poter's passenger vehicle driven in the opposite line by having the above Poter's freight collision with the above tank Poter's freight to go beyond the central line, and received the front portion of the said Poter's passenger vehicle driven in the opposite line.

Ultimately, the Defendant caused the death of the victim I (the 31 years of age), who was on board the said carn combined with the foregoing occupational negligence, by causing the victim I (the 13:03 years of age), who was on August 29, 2015, at around 13:03 around the accident site, to the external shock at the front of the injury village.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and G;

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

1. Application of Acts and subordinate statutes to photographs and autopsy records related to accidents;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of recommended punishment] and the grounds for sentencing under Article 62-2 of the Criminal Code of the Social Service Act (the scope of recommended punishment] are two types of traffic accidents (accidents resulting from traffic accidents) (the mitigated person from April to October) [including special mitigated persons] penal non-members (including efforts to recover damage) (the decision of sentence].

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