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(영문) 전주지방법원 2015.02.13 2014고단2356
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a cargo vehicle of one ton of C.

On November 27, 2014, the Defendant driven the above vehicle at a speed of 07:20, and proceeded to turn to the left at the left at the right of the branch from the distance village to the close of the village where there is no difference in the front of the calculated-distance village.

At the time, the driver of a vehicle who intends to turn to the left at a three-distance is a cross-section where the opening is not smooth and where the traffic is not controlled, and there was a duty of care to yield the course to the vehicle when there is another vehicle going to the intersection.

Nevertheless, the Defendant neglected to make a left-hand turn without neglecting this, and found the E-Vehicle driven by the victim D (the age of 58) who was straight on the right-hand left-hand side of the direction of the proceeding at late later, and received the front-hand part of the E-Vehicle driven by the Defendant as the driver’s seat of the cargo vehicle.

Ultimately, the Defendant caused the death of the victim D due to the above occupational negligence, which caused the death of the victim D by cardiopulmonary suspension and excessive blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the accident site photograph;

1. Application of the Acts and subordinate statutes concerning death diagnosis and photographs of the deceased;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (wholly agreed with the bereaved family members of the victim, confession and seriously reflects the fact that the instant vehicle has been subscribed to the comprehensive motor vehicle insurance, there is no criminal record exceeding fines due to the same crime, and the circumstances of this case, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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