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(영문) 춘천지방법원 강릉지원 2016.05.12 2016고단113
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 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 Cump trucks.

On October 23, 2015, the defendant driving the above truck on around 21:33, and driving the highway in the same three-lanes in the scopic scopic scopic scopic scopic scopic scopic in the East Sea along the two-lanes in the two-lanescopic scopic scopic scopic scopic scopics from the both sides of the IC

At the same time, a driver is an expressway and a person engaged in driving service has a duty of care to prevent the second accident by installing a sign of a motor vehicle on the rear side of at least 100 meters of the motor vehicle and installing a red light signal, electric light, or fireworks signal at a point of 500 meters in all directions along with the above sign on the road and installing it on the rear side of at least 200 meters of the motor vehicle.

Nevertheless, the defendant neglected to install any sign and signal, and caused the victim's access to the Dong-dong Highway from the front side of the Dong-dong Highway to the front side of the Dong-dong Highway, which was operated by the victim D, to receive the back part of the above truck.

Ultimately, the Defendant caused the death of the above victim by occupational negligence at around October 23, 2015, which caused the death of the two open frames at the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The actual survey report and photographs;

1. A corpse death certificate;

1. Application of Acts and subordinate statutes to investigation reports (related to the suspect's breach of duty of care);

1. Relevant legal provisions concerning facts constituting an offense, 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;

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

1. Although the reason for sentencing of Article 62-2(1) of the Criminal Act Article 62-2(1) does not agree with the victim's bereaved family members who have been subject to suspended sentence of imprisonment without prison labor for the same crime in 2005, it is covered by a comprehensive motor vehicle insurance.

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