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(영문) 전주지방법원 2017.09.12 2017고단1112
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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 of a fixed cargo vehicle D.

On May 5, 2017, the Defendant driven the above cargo vehicle at around 20:20, the Defendant got the front-gu unit of Kujin-gu Seoul Special Metropolitan City to turn to the left at the front of the 1185 Gu office and the auction house in front of the 1185 Gu office and the auction house.

At the same time, there was a crosswalk at the front of that place, and thus, the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the front and rear left and right, and the steering gear and the steering gear.

Nevertheless, the Defendant failed to fulfill such duty of care and found the victim E (the remaining and the age of 80) of the above crosswalk late due to occupational negligence, and caused the death of the victim due to its shock after the left-hand side of the above cargo vehicle, and caused the death of the victim with the brain training expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs, black images for third-party vehicles;

1. Application of Acts and subordinate statutes of a death certificate;

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 the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62-2 of the Criminal Act Article 62-2 of the Act on Suspension of Execution is that an agreement is reached with the injured party on the reason of sentencing under Article 62-2 of the Criminal Act, and the vehicles are also covered by a comprehensive insurance. On the other hand, the Defendant’s shocked the injured party on the crosswalk to death, resulting in the Defendant’s death, and other circumstances such as the circumstances and result of the instant accident, the Defendant’s age, occupation

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