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(영문) 전주지방법원 정읍지원 2020.02.18 2019고단574
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 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 the duty of driving Class B trucks.

On November 25, 2019, at around 17:30 on November 25, 2019, the Defendant proceeded at a speed of about 51 to 60km of Si speed from the protection surface to the protection side of the west-gun, Jeollabuk-do.

At the time, the driver of the vehicle had a duty of care to maintain the distance between the vehicle and prevent the accident by maintaining the distance between the vehicle by thoroughly conducting the front-round vision in the case of the driver of the vehicle.

Nevertheless, the Defendant neglected to do so and found late the warning flag that the above victim was driven on the front side of the Defendant’s vehicle due to negligence of neglecting his duty of care and caused the victim to go beyond the ground floor by receiving the part on the front side part of the Defendant’s front wheeler, which was caused by the Defendant’s failure to stop.

Ultimately, at around 18:46 of the same day, the Defendant caused the death of a victim who was sent to an emergency room of a F Hospital in the territory of Jeollabuk-do, Jeollabuk-do, by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual survey report and on-site photographs;

1. A death certificate;

1. A detailed statement on processing reported cases;

1. Other closure photographs;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing Article 62-2 of the Criminal Act was that there was a serious result of the victim’s death.

At the time of the accident, it was difficult to find the horse, but it was not easy to find it, and a considerable amount of money shall be paid to the victims' bereaved families.

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