(영문) 전주지방법원 군산지원 2014.08.13 2014고단429

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자간(%)

(영문) 전주지방법원 군산지원 2014.08.13 2014고단429

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 dump truck driver.

On April 19, 2014, around 17:10, the Defendant driven the said truck in front of the modern oil station located in the 144-ro, Sinsan-si, Sinsan-si, and led it to a right way from the right side of the modern oil station to the distance of viewing.

At this point, since there was a path to enter the fourth line road from the asphalt road without a tea line, there was a duty of care to live well on the left and right of a person engaged in driving of a motor vehicle and to prevent an accident by driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and led the victim D (the 75-year old)'s bicycle driving from the direction of the viewing shooting distance to the right side of the above truck. The victim, along with the bicycle, went to the road to the right side of the above truck.

Accordingly, the Defendant caused the victim's death at the F Hospital located in Gunsan-si E at around 18:46 on the same day due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Evidence and photographs of the accident site;

1. Investigation report ( CCTV image data installed in the vicinity of the accident site);

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, comprehensively taking into account the following factors: (a) the responsibility of the victim caused the death of the victim due to the instant traffic accident in the instant case; (b) the Defendant’s timing of and reflects the criminal act; (c) the Defendant’s consent to the victim’s bereaved family members; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the criminal act; and (c) the circumstances after the criminal act

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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