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(영문) 수원지방법원 안산지원 2021.01.20 2020고단4537
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for two 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

On October 26, 2020, the Defendant was engaged in driving B treatment 25 tons car trucks, and the Defendant continued to drive approximately 80 km in the speed of 16.8 km in the direction of Ansan branch in the direction of Ansan branch, at a point of 16.8 km in the Dong-dong-dong, Ansan-si, Ansan-si around 10:05 on October 26, 2020, along the two lanes in the direction of Ansan branch.

There have been many representative vehicles on the front side of the Defendant vehicle on an expressway, and the Defendant was driving approximately 17 tons of cargo loaded on the 25 tons of cargo, so the person engaged in driving of a motor vehicle has a duty of care to ensure the distance by which the collision with the vehicle in front, to ensure the right and the right, and to operate the steering and the right and the right of the vehicle in a correct manner.

Nevertheless, the Defendant neglected this and did not keep a safe distance while using a mobile phone while driving, and failed to maintain the safety distance, and led to the failure of the victim C (the 61-year-old driver) driving on the same lane, followed the Dozers of the victim C(the 61-year-old driver) driving, and caused the fmer of the e-driving vehicle to follow the e-driving truck freight vehicle.

Ultimately, the Defendant caused the death of the married couple C and G (V, 66 years old) by occupational negligence as above.

Summary of Evidence

1. As a result of the analysis of a traffic accident report on the police statement report on the defendant's legal statement E, on-site photographs, two copies of a response to a request for appraisal related to traffic accidents (Scambling video verification), a criminal investigation report (the analysis of five tons of cargo cambling image) on the vehicle operation records of the victim's vehicle (the analysis of five tons of cargo cambling video) on the police statement report on the defendant's legal statement E, the application of the

1. Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant provisions concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a credit cooperative without prison labor for punishment;

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

1. The community service order under Article 62-2 of the Criminal Act

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