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(영문) 전주지방법원 군산지원 2015.01.07 2014고단1157
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six 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 the duty of driving B car trucks.

Around 12:20 on July 14, 2014, the Defendant, at the time of the amendment of the Si of Gunsan, proceeded two lanes in front of the Jinsung Industrial Complex, which is located in the Si of Gunsan, along the direction of the amendment from the front side to the front side of the bank.

At the time, the defendant found the victim C (V, 75 years old) who passed a bicycle along the two-lanes from the revised bank, and in such a case, the defendant was obliged to immediately stop the vehicle or to change the lane to the first one and to prevent the traffic accident.

Nevertheless, the Defendant neglected to take any action and negligently proceeded with the two-lanes without taking any measures, and did not avoid the victim who was above the floor in front of the above truck that the Defendant driven, and served as the front wheel part of the above truck with the upper wheels of the victim who was above the floor.

Ultimately, at around 17:04 on July 14, 2014, the Defendant caused the victim’s death by the occupational negligence by an external shock from an external shock from an external shock from an examination and treatment center at the Gicheon University Hospital Emergency Medical Center at 895, Yari-si, Mansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A death certificate;

1. Application of each statute on photographs;

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 (i.e., confessions and reflects, the fact that the victim has agreed with his/her bereaved family members, and favorable circumstances, such as the first offender);

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