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(영문) 춘천지방법원 원주지원 2016.03.30 2016고단53
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for a period of 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 a C Poter cargo vehicle.

On October 25, 2015, the Defendant driven the above cargo vehicle around 07:50, and led to the two-lane road in front E, one of the two-lanes, the front side of which is located in Won-si, along the four-lanes from the front side of the river to the dlimland.

At the same time, FF car and freight was stopped on the front side of the course, and the victim G (58 tax) and H were carrying the cargo away from the rear side of the above cargo vehicle, and thus, the person engaged in driving service had a duty of care to safely operate by accurately operating the steering gear while maintaining the safety distance.

Nevertheless, the Defendant neglected to do so and did not care well at the front of the above cargo vehicle by Defendant G and H as it is, and continued to receive the back part of the above cargo vehicle.

Ultimately, the Defendant caused the death of the victim G due to cerebral cerebral damage in the Switzerland Hospital, the Hanju-ro 20 U.S., one of which was under transportation treatment after around 08:36 of the same day, from the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A death certificate;

1. Application of each statute on photographs;

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 Article 268 of the Criminal Act: Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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