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(영문) 전주지방법원 2015.08.18 2015고단779
교통사고처리특례법위반
Text

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

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 driving a dump truck.

At around 11:50 on March 2, 2015, the Defendant followed the intersection in front of the Kim IC, which is in the gold-gu, Simsan-si, Kim Jong-si, from the gold-gu to the 53.9km at a speed of 53.9km, depending on the direction from the gold-gu.

In this case, there was a duty of care to proceed after checking whether a vehicle, etc. entering the intersection exists by accelerating or temporarily stopping a person engaged in driving service before entering the intersection.

Nevertheless, the defendant neglected this and found D Poter Cargo Vehicles from the victim C(75 years old) driving on the right side of the defendant's running direction, but it was due to the negligence of finding D Poter Cargo Vehicles from the victim C(75 years old) driving, and received the front part of the above Poter Cargo Vehicles from the right side of the defendant'

As a result, the Defendant caused the victim to die due to the negligence in the above business, around 01:30 on April 19, 2015, in order to cause the victim to die due to the diversified damage, etc. at the Jung-Eup Asan Hospital located in 606-22, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident report, and on-site photographs;

1. Investigation report (related to Ma1 Speed);

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, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Training [Scope of Recommendation] General Traffic Accidents in Type II (Crime of Motor Vehicle Accident Death, etc.) (Special Mitigation) where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage to victims (Violation of the duty to yield driving to the motor vehicle that has entered the ship) (Violation of the duty to yield driving to the motor vehicle that has entered the ship), and the reason for sentencing and order to attend lectures (Article 62-2) (Article 62-2)

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