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(영문) 전주지방법원 정읍지원 2020.05.14 2020고단108
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a cargo vehicle B7.5t.

On February 10, 2020, the Defendant driven the above cargo vehicles around 16:10, and led to the intersection of the celeb three streets from the west-gun of the Gosong-gun to the Heung-Eup.

그곳은 신호등이 설치된 (ㅏ)형 삼거리 교차로이므로 운전업무에 종사하는 사람에게는 속도를 줄이고 전방 및 좌우를 잘 살펴 신호에 따라 안전하게 운전하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected this and received the driving seat of the victim C(78 years old) or a car from the driving seat of the victim C(78 years old) who was proceeding under the right turn due to the negligence in violation of the signal, as the front side of the said freight vehicle.

Ultimately, due to the above occupational negligence, the Defendant caused the death of the victim C, who is a driver of the said car, with an external cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, and suffered injury to E (the 78 years of age) by suffering from

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. A written result of autopsy;

1. A medical certificate;

1. Investigation report (Analysis, etc. of causes of accidents);

1. Application of CD-related Acts and subordinate statutes

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on any person who violates the Act on Special Cases concerning the Handling of Traffic Accidents which is heavier than that of the former);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, the Defendant did not have to be bound by the probation, community service order, and order to attend a lecture, there are circumstances that make it difficult for large-scale cargo vehicles to move due to weight due to the change of signal, and that can be considered in the circumstances.

The defendant shall have a substantial amount of money to bereaved families and victims.

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