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(영문) 전주지방법원 남원지원 2018.05.15 2018고단4
교통사고처리특례법위반(치사)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle of Category C and 1 ton.

On November 8, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on November 15:40, 2017, driven the motor vehicle and proceeded at a speed of about 46.2 km per hour from the erosive side to the direction of prohibition on the road in front of the Southern City.

At the same time, there was a three-distance intersection at the front of the road, and there are frequent vehicles entering the intersection from the restaurant, etc. located in the vicinity of the parallel to the intersection. In such a case, the driver of the motor vehicle has the duty of care to reduce the speed prior to the intersection and to make the right and the right and the right of the road easily and to enter the intersection.

Nevertheless, the Defendant neglected to do so at a speed and neglected the duty of e-mail, and neglected to enter the intersection, and thereby, discovered and immediately f GYRO-X 49C otop o'bane, which is fYO-X 49C driven by the victim E (n.e., 75 years old) who crosses the intersection to the direction of the course of the Defendant’s course from the Young E, which is located on the right side of the Defendant’s course, and caused the said victim to go beyond the above road by taking the front part of the said cargo vehicle without avoiding the e-mail.

As a result, the Defendant caused the death of the victim due to such occupational negligence, such as the transfer of the cardiopulmonary function at the hospital of the nuclear power college, which was 895, from the hospital of the nuclear power college, after around 12:10 on November 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The driver's license ledger (A);

1. A death diagnosis report or postmortem report;

1. A traffic accident report;

1. On-site photographs and CCTV images;

1. An analysis of traffic accidents;

1. Application of Acts and subordinate statutes to report internal accidents (as to actions causing accidents);

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, and the Criminal Act.

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