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Reasons
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(영문) 전주지방법원 2015.02.06 2014고단2226
교통사고처리특례법위반
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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 of the final judgment.

Reasons

Punishment of the crime

The defendant is engaged in driving cars B high-class and third cargo vehicles.

At around 18:00 on November 10, 2014, the Defendant driven the above cargo vehicle, and proceeded at a speed of about 70 kilometers from the three-lanes in front of the D filling Station C at the speed of about two-lanes in front of the east-gu Seoul Special Metropolitan City, the Defendant failed to perform the duty of front and right-side drinking, and failed to discover the victim E (the age of 79) who was leading a small number of fingers (the age of 79) moving from the mastal safety zone due to the occupational negligence leading to a small number of fingers (the age of f9) moving from the mathal part of the said cargo vehicle, etc., resulting in the victim's death due to a prolonged and long-term injury to divers, etc. on the other hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on traffic accident1 (Report on Actual Situation) and report on traffic accident. Article 2 (Report on Actual Situation Survey);

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes to autopsy records and photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim has agreed with his/her bereaved family members, confession and reflects, the fact that he/she has subscribed to the comprehensive motor vehicle insurance, and the fact that he/she has no criminal power

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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