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(영문) 전주지방법원 군산지원 2018.08.22 2018고단622
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 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 truck truck truck under the reduction of 26 tons of C.

On February 27, 2018, the Defendant driven the above cargo vehicle around 13:30 on February 27, 2018, and led to the rapid speed in the direction of building the two-lane road in front of the mountain village in the direction of building it.

At the time, there were about 10 tons of the 10 tons of the vehicle loaded on the Defendant’s driver’s vehicle, and thus, the Defendant engaged in driving service had a duty of care to take necessary measures so that the Defendant may have been covered or fastened so as not to fall off the above stones.

Nevertheless, the Defendant neglected this and neglected to stop on the front of the loading box without putting the above stone back and without shutting the side door of the loading box, and when the E-Poter truck drivened in the same lane as the Madern by negligence, which was driven by the victim D(73 tax). In order to avoid a collision, the Defendant changed the lane into one lane in order to avoid a collision, and the stone on loaded the above cargo vehicle of the Defendant was caused to fall off to the driver's seat of the above Poter freight of the victim.

Ultimately, the Defendant caused the victim’s death by occupational negligence in G hospitals located in F at the time of 15:24 on the same day due to low-blood shock, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to traffic accident daily reports, actual investigation reports, and death diagnosis reports;

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 in Article 62-2 of the Criminal Act [the scope of recommended punishment] [the grounds for sentencing in Article 62-2 of the Criminal Act [the scope of recommended punishment] The area of mitigation (4-1 year) (including special mitigation) [the person who has made efforts to recover damage] a sentence not to punish (including the person who has made a serious effort to recover damage] unfavorable: The victim's death.

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