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(영문) 전주지방법원 2012.12.26 2012고단2885
교통사고처리특례법위반
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 driving of B Poter cargo vehicles.

On September 25, 2012, the Defendant driven the above cargo vehicle on September 16:41, 201, and proceeded at a speed of about 76 km from the right edge to the right edge of the road at a distance of 250 meters from the frithal village of the sexual waters in Janan-gun.

At any time, it is difficult for a person to enter a road in a nearby farm road, etc. as a local highway of one lane. Therefore, there was a duty of care to live well and drive a motor vehicle at a safe speed or method, such as whether a person engaged in driving the motor vehicle has entered the road.

Nevertheless, the defendant neglected this and entered the right side of the direction of the Madern defendant's running in the same direction by negligence, and received the back side of the Madern coo that the victim C (the age of 80) drives in the same direction, in front of the above cargo vehicle.

The Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes on a written autopsy;

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 on the suspended execution (including the fact that the defendant has agreed with the bereaved family members);

1. Social service order under Article 62-2 of the Criminal Act;

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