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(영문) 광주지방법원 순천지원 2014.07.04 2014고단884
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cwing-3 flus trucks.

On February 12, 2014, the Defendant driven the above 12:22 fr3 frack truck, and proceeded with national highways 200-meter 22 from the entrance of the Roof Road Round-ro, East-ro, East-ro, East-ro, East-ro, to the speed of speedless fracks.

Since there was a slope of one-lane, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear while controlling the speed and driving it on the right side of the center line.

Nevertheless, the defendant is negligent in performing his duties in order to confirm the cell phone which has been suffering from being driven while driving.

On the other hand, the part of the upper left-hand part of the victim D(76 years old) E-wing cargo vehicle driving in the opposite part of the victim D(76 years old) due to the collision of the central line was taken as the upper part of the upper left-hand part of the above 3 flus flus cargo vehicle, and the above flus cargo vehicle was transferred to the upper right-hand side of the running direction.

Ultimately, the Defendant caused the death of a victim due to the injury of an external wound from the workplace due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1) (2);

1. On-site photographs of a traffic accident;

1. A corpse of corpse;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. The grounds for sentencing under Article 3(1) of the relevant Act on Criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act [Scope of Recommendation] [Article 2 of the Criminal Act] There is no basic area ( August to January, 16) [No person in special form] [Pronouncement Decision] [Article 10 of the Criminal Act] [Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Case of Defendant’s Crimes

However, there was a serious result of the death of the victim who did not have any error due to the negligence of the defendant.

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