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(영문) 전주지방법원 2016.07.19 2016고단466
교통사고처리특례법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 for C.

On February 2, 2016, the Defendant driven a truck above 07:56 on February 2, 2016, and proceeded at the speed of about 10 km from the packaging side to the entrance of the forwarding place to the storage site of the E previously located E Co., Ltd., Ltd. D.

Since the location is a place where the factory employees are likely to pass through, the defendant engaged in the driving of the train has a duty of care to safely drive the vehicle and prevent accidents in advance by safely checking whether there are employees driving around the train and checking the right and the right.

Nevertheless, the Defendant neglected to do so and did not discover the Victim F (47) who passed the place to the outside bed room by the negligence of going through the outside bed room without living well, and did not discover the victim F (47). The victim's head part to the right side side of the above line was turned back to the right side of the above line, followed by the victim's head part to the right side of the victim's head to the upper right side of the above line, and caused the victim's death from the two strings.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A report on internal investigation (such as the current state of an accident scene, etc. and internal investigation);

1. A corpse death certificate;

1. Application of accident scene photographs and statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The following conditions favorable to the defendant among the reasons for sentencing) / [the scope of the recommended sentence / [2 months] of the mitigation area (the type of traffic accident, etc.) / [4 months to 10 months] of the mitigation area (the scope of sentence compared to the recommended sentence: April to 10 months (the decision of sentence] - The length of sentence unfavorable to the defendant: the occurrence of serious results (the death) - the circumstances favorable to the defendant.

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