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(영문) 전주지방법원 2014.07.11 2014고단785
교통사고처리특례법위반등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a dump truck truck vehicle.

On May 9, 2014, around 10:25, the Defendant proceeded at the speed of about 70 km from the 00km to the 00 km from the 00 km.

At this point, there was a duty of care to prevent accidents in advance by reducing the speed for those engaged in driving of a motor vehicle and by checking well the chance for those engaged in driving of a motor vehicle, as a three-distance intersection without a traffic signal, etc., where traffic is not controlled.

Nevertheless, the Defendant neglected to do so and failed to turn to the left on the right side of the victim D (IS, 76 years old) who was driven by the victim D (IS) who was driving at the right side of the vehicle running along the Defendant’s vehicle, but did not avoid the 49C message, and received the part of the right side of the victim's OW.

Ultimately, at around 11:27 of the same day, the Defendant caused the victim to die due to cerebrovascular symptoms at the F Hospital located in Kim Jong-si, Kim Jong-si.

2. The Defendant driven an above cargo vehicle that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident and a map on the scene of a traffic accident;

1. A photograph of a deceased person or a death certificate;

1. Application of Acts and subordinate statutes to insurance coverage;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating an automobile without insurance, the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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