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(영문) 전주지방법원 군산지원 2014.02.12 2013고단1632
교통사고처리특례법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of Mati Cargo Vehicle B.

On September 25, 2013, the Defendant driven the above cargo vehicle around 12:00, and proceeded at a speed of about 70.5 km per hour from the boundary of the Madong-si Library, the two-lanes of the new wall intersection in front of the Masan-si, Seoul Metropolitan City.

At the time, the vehicle was parked on the right-hand side of the defendant at the time, making it difficult to secure the view of the vehicle, and the vehicle's weight exceeds 3 tons, but is loaded with a large amount of cargo of 200 km, so in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle in order to prevent the accident in advance by safely driving the vehicle with the right-hand left and right-hand speed.

Nevertheless, the defendant neglected this and proceeded on the right side of the defendant's proceeding, and caused the victim's bicycle rear wheels part of the victim C(the age of 76) driving crossing the above road to the left side of the defendant's proceeding.

결국 피고인은 위와 같은 업무상 과실로 피해자를 2013. 9. 25. 13:31경 전북 익산시 D에 있는 E병원 응급의료센터에서 외상성 쇽으로 사망에 이르게 하였다.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, actual condition investigation report, and death examination report;

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, Article 268 of the Criminal Act, and selection of

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

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